Boss Projects LLP v Bragg - Scaffolding supervisor is 'worker' and can bring wages claim  EAT
ET should consider Autoclenz when deciding whether someone is a worker or employed on their own account
Mr Bragg, a 55-year-old experienced but unemployed scaffolding supervisor was interviewed by senior managers of Mears Ltd for the position of scaffolding supervisor. Mears Ltd provided external planned maintenance to Brighton and Hove City Council. Mr Bragg later became a direct employee of Mears Ltd, but he was not initially retained as a direct employee. A chain of contracts were entered into. Mears Ltd contracted with Potensis Ltd for the provision of sub-contractors. Potensis in turn contracted with Boss Projects LLP (Boss) for their provision. It was accepted by the EAT that Mears paid Potensis and Potensis paid Boss.Boss then paid the individuals who performed the services. On the same day as he was interviewed by managers of Mears Ltd, Mr Bragg signed a contract with Boss. According to the terms of the contract Mr Bragg was neither an employee nor a worker as defined by regulation 2(1) of the Working Time Regulations 1988.