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Article
Publication date: 1 July 1974

L.J. Megaw, L.J. Buckley and L.J. Orr

June 6,1973 Vicarious liability — Master and servant — Course of employment — Bus conductor driving bus — Bus blocking path of conductor's and plaintiff driver's bus …

Abstract

June 6,1973 Vicarious liability — Master and servant — Course of employment — Bus conductor driving bus — Bus blocking path of conductor's and plaintiff driver's bus — Conductor told by plaintiff to get engineer to move bus — Conductor attempting to move bus himself — Not knowing how to drive bus — Driver injured by conductor's negligent manoeuvre — Express prohibition in bus company's rules against conductors driving buses — Clear separation of duties of drivers and conductors — General duty of conductors to co‐operate with drivers in getting buses into service — Whether bus company vicariously liable for conductor's action — Whether within scope of employment.

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Managerial Law, vol. 16 no. 5
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 May 1988

Jo Carby‐Hall

In the previous monograph, a discussion took place on what constitutes dismissal and when the termination of the contract of employment takes effect. These two aspects…

Abstract

In the previous monograph, a discussion took place on what constitutes dismissal and when the termination of the contract of employment takes effect. These two aspects treat the first of the statutory qualifications necessary to enable the employee to exercise his right not to be unfairly dismissed, namely that he must first be dismissed.

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Managerial Law, vol. 30 no. 5
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 April 1970

L.J. Russell, L.J. Salmon and L.J. Megaw

November 14, 1969 Contract — Construction — Supply of gas — Indemnity — Consumers to indemnify gas board against claims for injury or damage “caused by any action … of the…

Abstract

November 14, 1969 Contract — Construction — Supply of gas — Indemnity — Consumers to indemnify gas board against claims for injury or damage “caused by any action … of the consumers, their servants or agents whether arising directly or indirectly out of the supply of any gas or apparatus” — Escape of gas from faulty main — Explosion touched off by act of consumers' employee — Negligence — Board mainly liable v Whether entitled to be indemnified for own negligence.

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Managerial Law, vol. 8 no. 1
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 July 1973

Edmund Davies, L.J. Megaw and L.J. James

February 27, 1973 Factory — Statutory duty — Fume — Inhalation of low concentrations of oxides of nitrogen over prolonged period — Chronic lung illness — Employers'…

Abstract

February 27, 1973 Factory — Statutory duty — Fume — Inhalation of low concentrations of oxides of nitrogen over prolonged period — Chronic lung illness — Employers' constructive knowledge of health hazard — Medical and other publications — Whether sufficiently indicating health hazard from 1965 onwards — Factories Act, 1961 (9 & 10 Eliz. II, c. 34), s. 63 (1).

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Managerial Law, vol. 14 no. 4
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 June 1970

L.J. Russell, Edmund Davies and L.J. Megaw

January 27, 1970 Mines Quarry — Dangerous machinery — Moveable bar on tractor — Four‐inch nip when bar fully raised — Tractor being removed from pit by attaching dragline…

Abstract

January 27, 1970 Mines Quarry — Dangerous machinery — Moveable bar on tractor — Four‐inch nip when bar fully raised — Tractor being removed from pit by attaching dragline to bar — Slip by employee trapping foot in nip — Whether a “dangerous” exposed part of machinery — Whether duty to fence — Dragline not long enough to reach if tractor on level ground — Tractor backed short way up slope of pit — Whether failure to provide longer dragline breach of statutory or common law duty — Mines and Quarries Act, 1954 (2 & 3 Eliz.II, c.70), ss. 82(1), 115.

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Managerial Law, vol. 8 no. 3
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 January 1970

L.J. Russell, L.J. Salmon and L.J. Megaw

October 27, 1969 Redundancy — Dismissal — Employee loaned to another firm — Employee's insurance and tax documents transferred to other firm without his knowledge …

Abstract

October 27, 1969 Redundancy — Dismissal — Employee loaned to another firm — Employee's insurance and tax documents transferred to other firm without his knowledge — Employee paid by other firm — Whether “dismissal” — Whether employee entitled to terminate contract “by reason of the employer's conduct” — Whether question of law — Redundancy Payments Act, 1965 (c.62), ss. 1, 3 (1) (c).

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Managerial Law, vol. 7 no. 4
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 1971

M.R. Denning, Edmund Davies and L.J. Megaw

January 28,1971 Trade union — Rules — Discretion conferred on domestic tribunal to approve or disapprove elected shop steward — Committee decision not to endorse elected…

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Abstract

January 28,1971 Trade union — Rules — Discretion conferred on domestic tribunal to approve or disapprove elected shop steward — Committee decision not to endorse elected shop steward — One of three reasons given erroneous and defamatory of shop steward — Action for declarations and damages — Finding by trial judge that bad reason played no part in committee's decision — Appellate court bound by judge's finding — Whether decision not to approve election within committee discretion.

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Managerial Law, vol. 10 no. 2
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 August 1970

M.R. Denning, Fenton Atkinson and L.J. Megaw

May 6, 1970 Docks — “De‐casualisation scheme” — Timber loaded on lorries after storage in dock area on removal from ship — Piling of timber at importer's yard “in vicinity…

Abstract

May 6, 1970 Docks — “De‐casualisation scheme” — Timber loaded on lorries after storage in dock area on removal from ship — Piling of timber at importer's yard “in vicinity of” Cardiff dock estates — Whether “dock work” — Whether timber still “cargo” — Dock Workers (Regulation of Employment) Act, 1946 (9 & 10 Geo. VI, c. 22), s. 6 — Docks and Harbours Act, 1966 (c. 28), ss. 51(3), 58 — Dock Workers (Regulation of Employment) (Amendment) Order, 1967 (S.I. 1967, No. 1252), Sch. 2, cl. 1 (3) proviso, App. 1.

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Managerial Law, vol. 8 no. 5
Type: Research Article
ISSN: 0309-0558

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