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

This report relates to 1 case(s)

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    Byrne Brothers (Formwork) Ltd v Baird and others [2002] IRLR 96 EAT (0 other reports)

In Byrne Brothers (Formwork) Ltd v Baird and others 22.11.01 EAT/542/ 01 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.