Byrne Brothers (Formwork) Ltd v Baird and others [2002] IRLR 96 EAT

Reports relating to this case:

  • Working time: Labour-only subcontractors were "workers" under the Working Time Regulations

    Date:
    15 February 2002

    In Byrne Brothers (Formwork) Ltd v Baird and others the EAT upholds an employment tribunal's decision that labour-only subcontractors were "workers" for the purposes of the Working Time Regulations 1998. On the facts, they had a contract of personal service, despite the limited power to delegate work. They were not engaged in their own business undertaking and there was the necessary mutuality of obligations.