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