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.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
Reed Business Information Limited trading as XpertHR is an Appointed Representative of Abbey Protection Group Limited which is authorised and regulated by the Financial Conduct Authority.