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