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3 Cards in this Set
- Front
- Back
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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) |
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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) |
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