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Article
Publication date: 1 April 1974

Widgery of South, J. MacKenna and J. May

January 31, 1974 National Insurance — Insurable employment — Contract of service or contract for services — Factors for consideration by justices — Skilled workman paid…

Abstract

January 31, 1974 National Insurance — Insurable employment — Contract of service or contract for services — Factors for consideration by justices — Skilled workman paid block price without deduction of income tax — Company not contributing to national insurance stamp — Defective scaffolding — Whether company liable — Whether workman “employed” — Approach of court — Factories Act, 1961 (9 & 10 Eliz. II, c. 34), s. 155 — Construction (Working Places) Regulations, 1966 (S.I. 1966, No. 94),regs.3(1)(a), 13(4), 28(1).

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Managerial Law, vol. 16 no. 2
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 December 2002

Jo Carby‐Hall

Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have…

Abstract

Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have occurred in British law as it affects the employment field, plus an evaluation and analysis of some of the different types of employment relationships which have evolved by examining, where possible, the status of each of these relationships. Concludes that the typical worker nowadays finds himself in a vulnerable position both economically and psychologically owing to the insecurity which exists.

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Managerial Law, vol. 44 no. 6
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 January 1983

J.R. Carby‐Hall

A distinction has to be drawn between a contract of service or a contract of employment on the one hand and a contract for services on the other. In the former situation…

Abstract

A distinction has to be drawn between a contract of service or a contract of employment on the one hand and a contract for services on the other. In the former situation the person employed is an employee, (or a ‘servant’ as he is often referred to in case law), in the latter he is an indpendent contractor. The particular requirement of a contract of service is the right of the employer, (or ‘the master’) to have, inter alia, residual control, (which may in some instances be reduced to being a mere formality), over the employee, although as will be examined later, other factors are equally applicable.

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Managerial Law, vol. 25 no. 1
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 May 1967

J. MacKenna

January 27, 1967 Master and servant — Maintenance of suit — Trade union's paid officials — Defamation action — Circular to union members containing allegations that…

Abstract

January 27, 1967 Master and servant — Maintenance of suit — Trade union's paid officials — Defamation action — Circular to union members containing allegations that officials unfit to be employed by union — Legal assistance to officials for libel actions out of union funds — Whether maintenance — No express power in union rules — Express provision for payment of legal assistance confined to subscribing members — Whether reasonable for good employer to support litigation — Whether implied power to support officials' litigation.

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Managerial Law, vol. 2 no. 2
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 May 1970

J. MacKenna

November 10, 1969 Building — Safety regulations — Applicability — Safe means of access and egress — Building site occupied by main contractor — Unusually encumbered by…

Abstract

November 10, 1969 Building — Safety regulations — Applicability — Safe means of access and egress — Building site occupied by main contractor — Unusually encumbered by plant and machinery — Suspended cable left by employee of main contractor — Injury to workman employed by independent scaffolding contractors — Liability of main contractor as occupier — Liability of independent contractor to own workman — Whether bound by safety regulations — Indemnity — Independent contractors to indemnify main contractors for “any liability… arising… in respect of personal injuries by reason of any act, default, or omission on our part…” — Construction (Working Places) Regulations, 1966 (S.I. 1966, No. 94), regs. 2(1), 3(1), 6(1).

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Managerial Law, vol. 8 no. 2
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 May 1968

J. MacKenna

December 8, 1967 National Insurance — Insurable employment — Owner driver — Contract for carriage of company's cement — Declaration that owner driver independent…

Abstract

December 8, 1967 National Insurance — Insurable employment — Owner driver — Contract for carriage of company's cement — Declaration that owner driver independent contractor — Payment on mileage basis — Exclusive provision of vehicle for company's deliveries — Compliance with company's rules — Whether contract of service or for services — Relevance of ownership of assets and opportunity for profit or loss — Whether owner driver “employed person” — Whether contract of carriage — National Insurance Act, 1965 (13 & 14 Eliz. II, c.51), ss.1(2). 3(b).

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Managerial Law, vol. 4 no. 2
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 October 1967

M.R. Denning, L.J. Danckwerts and L.J. Winn

June 16, 1967 Master and Servant — Maintenance of suit — Trade union's paid officials — Defamation action — Union's legal assistance to officials for libel action

Abstract

June 16, 1967 Master and Servant — Maintenance of suit — Trade union's paid officials — Defamation action — Union's legal assistance to officials for libel action — Whether maintenance — No express power to pay officials' costs in union rules — Whether fairly ancillary to work of servants and business of union.

Details

Managerial Law, vol. 3 no. 1
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 July 1971

V.—C. Pennycuick

February 3, 1971 Contract — Procuring breach — Trade union — Dispute between drivers under contract, as independent contractors, with the plaintiffs to deliver concrete to…

Abstract

February 3, 1971 Contract — Procuring breach — Trade union — Dispute between drivers under contract, as independent contractors, with the plaintiffs to deliver concrete to customers — Union's recognition of drivers' refusal to work as being official “strike” — Whether union protected by Trade Disputes Act, 1906 — Meaning of “contract of employment” — Trade Disputes Act, 1906 (6 Edw. VII, c. 47), s.3.

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Managerial Law, vol. 10 no. 4
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

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Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the…

Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Details

Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

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