Hall v Lorimer
Hall v Lorimer [1993] EWCA Civ 25 is a UK labour law case concerning the status of a worker as employed or self-employed. It took the view that an employment contract requires regard to be had to the extent to which the worker is in business on their own account. Because Mr Lorimer took a business-like attitude to finding new clients he was held to be running a self-employed business and not working in a succession of short-term employments.
Hall v Lorimer | |
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Court | Court of Appeal |
Citation(s) | [1993] EWCA Civ 25, [1994] IRLR 171 |
Case opinions | |
Nolan LJ | |
Keywords | |
Contract of employment |
Facts
Mr Lorimer received £32,875 for his employment and incurred expenses of £9,250. He was a television technician working for 20 separate companies on short term jobs.
Judgment
Nolan LJ held that he was self-employed and could therefore set his expenses off against his income. He said what is partly relevant to employment status is,[1]
the extent to which the individual is dependant or independent of a particular paymaster for the financial exploitation of his talents.
He takes financial risks, provides his own tools/equipment, and takes the profits, and pays his own taxes and National Insurance contributions.[2]
See also
Notes
- [1994] IRLR 171, 174
- [1992] 1 WLR 939