term1 Definition1term2 Definition2term3 Definition3
Please sign in to your Google account to access your documents:
What determines whether someone is an employee?
Three tests-
• Control Test- (Mersey Docks and Harbour board V Coggins)
• Integration test- the more closely the employer and employee work together the more likely he is to be an employee
• The multiple test- (Ready Mixed Concrete V Minister of pensions)
Factors that are likely to make someone an employee-
• is the worker paid a salary (Carmichael V National Power)
• does the worker pay tax as a self-employed person or as an employee
• how does the contract describe the worker (Ferguson V Dawson)
• does the worker have the ability to delegate work (Echo and express publication V Taunton)
• is business on his own account (Hall V Lorimer)
Did the defendant commit the tort in the course of his employment?
Key test- sufficient connection between the employment and the torts carried out by the employee (Lister V Helsey Hall)
Employer liable-
• wrongful act authorised by the employer (Poland V Parr)
• authorised act carried out in an unauthorised way (Limpus)
Employer not liable-
• Expressly prohibited (Beard V London General)
• Employee on a frolic of his own- so unconnected with employment to be unauthorised (Heasmans)
Criminal Act-
• employer will be liable if the criminal act of the employee was either expressly or impliedly authorised (Poland V Parr)
- Test is sufficient connection between the employment and the torts carried out by the employee
•Lister V Helsey Hall
•E V English province of our Lady
• Various V Catholic Child welfare
• Mattis V Pollock
- employer will not be liable where there is insufficient connection (Warren V Henlys)
.
Need help typing ? See our FAQ (opens in new window)
Please sign in to create this set. We'll bring you back here when you are done.
Discard Changes Sign in
Please sign in to add to folders.
Sign in
Don't have an account? Sign Up »
You have created 2 folders. Please upgrade to Cram Premium to create hundreds of folders!