The full text of the ruling in this case is available free of charge on the BAILII website
Representation:
Mr Andrew Stafford QC and Mr David Reade instructed by Redrow Group Services Ltd, Flintshire CH5 3RX for the appellant, Redrow Homes (Yorkshire) Ltd
Mr Andrew Stafford QC and Mr Sam Neaman instructed by Redrow Group Services Ltd, Flintshire CH5 3RX for the appellant, Redrow Homes (North West) Ltd
Ms Jill Brown instructed by Rowley Ashworth Solicitors, London SW19 1SE for the Respondent Mr B Wright
Mr Andrew Hogarth QC instructed by O H Parsons Solicitors London WC2H 8PR for the Respondent Mr K Roberts.
Authority for the proposition that:-
- a person (such as a tradesman in the building industry) who is not an employee will count as a worker for purposes of the Working Time Regulations, 1998, SI 1998/1833 if the following three conditions are fulfilled:
- the work must be done under a contract;
- the individual must by that contract "undertake to do or perform personally any work or services"; and
- he must do so for another party to the contract who is not a customer or client of any business undertaking which he carries on.
- In deciding the third part of the test above the question is as there stated and is not "whether the individual is in business on his own account".
For relevant general notes in this program see Definitions and interpretation/worker .
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updated April2004.