Byrne Brothers v Baird: Workers Are Not Limited to Traditional Employees
In Byrne Brothers (Formwork) Ltd v Baird [2002] ICR 667, construction workers operating under subcontractor arrangements were found capable of falling within the statutory worker category.
The EAT explained that worker protection is aimed at people who are not genuinely carrying on businesses dealing with the other party as a customer.
Key finding
The worker category sits between employee status and genuine independent business status.
Lesson
A construction subcontractor may be self-employed for some purposes but still qualify for rights such as holiday pay where they personally provide labour as part of another business.
30 Views