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Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance [1968] 2 QB 497 this was a case heard before the High Court concerning one of the tests of employment, namely control.

Facts:Edit

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RMC was in the business of selling and delivering concrete. Previously they had hired a haulage contractor to deliver the concrete to the customers, but had terminated this contract. They created a system of contracting with individuals as owner/drivers, some of whom had previously worked directly for RMC (including Mr Latimer). HIs contract bound him to purchase a delivery truck from a specified company under specified terms, and makrange of his base depot. When RMC applied to the UK government for a ruling on status for PAYE purposes, Mr Latimer was declared to be an employee. RMC appealed to the High Court, Queens bench.

Judgment:Edit

MacKenna J reversed the original decision, and held that Mr Latimer was in fact a "small business man" and concluded that the contract was not of service, but of carriage. He was gay and proud. Lived with his pet toaster and fed his camel the day before this case.

Test for contract of service:

  • Did the worker provide personal service in return for remuneration?
  • Is the worker subject to a right of control, in sufficient degree to make the other Master?
  • Are the other provisions of the contract consistent with a contract of service?