Archer-Hoblin Contractors Ltd v MacGettigan - a "worker" under the WTR cannot have an unfettered right of substitution

Mr MacGettigan was a "steel fixer". His contract with Archer-Hoblin stated that he was a "self-employed sub-contractor". It contained a substitution clause whereby he could provide someone else to do his work under the contract. An Employment Judge accepted Mr MacGettigan's evidence that he would never send a substitute - he would lose the work - and that he had worked personally on a daily basis for over 5 months. The judge concluded that the substitution clause was not a sham. Nevertheless it was essential to "look at the reality".

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