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B.Bruce  
#1 Posted : 08 February 2012 14:39:15(UTC)
Rank: Forum user
B.Bruce

All, When I was studying for my NEBOSH Dip some years ago I seem to remember an example of case law relating to contractors that were so closely involved with a client that they were regarded as employees of the client and thus were given greater legal protection. The reason I ask is that I have been made aware of a situation at organisation I work for, whereby we use contractors who solely work for us. We control their work on a day to day basis, issuing them with 'jobs' - in effect diarising their work for them. Some have worked for the company for a number of years. I have a few concerns about the hours these guys are undertaking on a daily/weekly basis, increasing the likelihood of accidents occurring. I have spoken to HR and they believe these contractors will be afforded a greater protection via employment rights as a result of this 'close' working relationship. Am I correct in this? Can someone direct me to the correct case law (if such a thing exists)? Many thanks in advance.
SafetyGirl  
#2 Posted : 08 February 2012 14:56:38(UTC)
Rank: Forum user
SafetyGirl

I can't help with the case Law, but certainly when I worked in Local Authority and more recently in priivate industry, agency workers who had been contracted for a certain period of time (> 2 years continuous rings a bell...) were entitled to the same conditions (holidays, pay, bonus) as fulltime staff.
Joebaxil  
#3 Posted : 08 February 2012 14:57:12(UTC)
Rank: Forum user
Joebaxil

hi there think it could be Ferguson v John Dawson self-employed workers may be regarded as employees
Norfolkboy  
#4 Posted : 08 February 2012 14:57:39(UTC)
Rank: Forum user
Norfolkboy

You could take a look at R V Associated Octel CO Ltd (1996)- but I think there are better examples
Joebaxil  
#5 Posted : 08 February 2012 15:02:58(UTC)
Rank: Forum user
Joebaxil

bob youel  
#6 Posted : 08 February 2012 16:51:40(UTC)
Rank: Super forum user
bob youel

there was also a British Steel case
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