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CptBeaky  
#1 Posted : 14 September 2021 08:49:31(UTC)
Rank: Super forum user
CptBeaky

I am studying a module relating to vicarious liablity. It mentions the case of Ready Mixed Concrete v Minister of pensions [1968] 2 QB 497 and it got me wondering. Given that the gig economy for companies such as Uber and Deliveroo is looking like swinging much more towards the workers to be seen as employees rather than contractors or self employed, will this be reflected in the courts with regards to vicarious liabilty? I am not sure that the above case would still be judged the same way.

Just a thought experiement to aid my studies.

peter gotch  
#2 Posted : 14 September 2021 09:44:02(UTC)
Rank: Super forum user
peter gotch

Captain, to quote the summary of the case that you refer to:

"On the facts, the Court held that......"

Recent court decisions have been made using exactly the same considerations. All about assessing the "master-servant" relationship to determine employment or self-employment status.

Given that some recent decisions have NOT gone the way big businesses would wish, I should imagine some will be appealed to higher courts and we will get more authoritative judgments. Not sure, but I don't think any have reached the Supreme Court yet.

Good luck with your studies! P

thanks 1 user thanked peter gotch for this useful post.
CptBeaky on 14/09/2021(UTC)
Roundtuit  
#3 Posted : 14 September 2021 10:35:31(UTC)
Rank: Super forum user
Roundtuit

The way some of the delivery agents dart about with total disregard for the Road Traffic Act probably a matter long overdue resolution in court. It is the whole nightmare of the Grey Peleton for cycles and scooters - drivers are already prosecuted if they fail to have business insurance when driving in the gig grey fleet.

Without the firm processing orders for which it takes payment there would be no need of delivery agents.

Roundtuit  
#4 Posted : 14 September 2021 10:35:31(UTC)
Rank: Super forum user
Roundtuit

The way some of the delivery agents dart about with total disregard for the Road Traffic Act probably a matter long overdue resolution in court. It is the whole nightmare of the Grey Peleton for cycles and scooters - drivers are already prosecuted if they fail to have business insurance when driving in the gig grey fleet.

Without the firm processing orders for which it takes payment there would be no need of delivery agents.

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