Facts
- Ready Mixed Concrete contracted with others to provide delivery services for their concrete
- These contracts required the ‘others’ to provide their own lorries as ‘independent contractors’ to assist with concrete delivery
Issue
- Were these ‘others’ employees or contractors? If employees, Ready Mixed Concrete Ltd would be liable to pay national insurance contributions for the others
Decision
- Independent contractors
Reasoning
- Three factors determine whether a person is an employee rather than an independent contractor: a wage or remuneration; control over the employee’s activities and compliance of all other terms with the nature of employment contracts
- Ready Mixed Concrete did not have enough control to be able to class its contractors as employees
