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Lane v Shire Roofing Co (Oxford) Ltd

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Lane v Shire Roofing Co (Oxford) Ltd
CourtCourt of Appeal of England and Wales
Decided16 February 1995
Citations EWCA Civ 37, IRLR 493
Court membership
Judges sittingNourse LJ, Henry LJ and Auld LJ
Keywords
Contract of employment

Lane v Shire Roofing Co (Oxford) Ltd EWCA Civ 37 is a UK labour law case concerning the scope of protection for people to employment rights. It took the view that for an employment contract to exist, the employee must be integrated in the business.

Judgment

In the High Court the judge found that Mr Lane was an independent contractor.

In the Court of Appeal, however, it was held by Henry LJ that, in relation to the porch job, this was the company’s business and not Mr Lane’s:

When it comes to the question of safety at work, there is a real public interest in recognising the employer/employee relationship when it exists, because of the responsibilities that the common law and statutes place on the employer.

See also

Workplace protection cases
Lawrie-Blum v Land Baden-Wurttenberg (1986) C-66/85
Pfeiffer v Deutsches Rotes Kreuz (2005) C-397/01
Employment Rights Act 1996 s 230
Autoclenz Ltd v Belcher UKSC 41
Jivraj v Hashwani UKSC 40
Clyde & Co LLP v Bates van Winkelhof UKSC 32
Cassidy v Minister of Health 2 KB 343
Ready Mixed Concrete Ltd v SS for Pensions 2 QB 497
Market Invest Ltd v Minister for Social Security 2 QB 173
O’Kelly v Trusthouse Forte plc ICR 730
Nethermere (St Neots) Ltd v Gardiner ICR 612
Lee Ting Sang v Chung Chi-Keung UKPC 1
Hall v Lorimer EWCA Civ 25
Lane v Shire Roofing Co (Oxford) Ltd EWCA Civ 37
McMeechan v SS for Employment EWCA Civ 1166
Carmichael v National Power plc UKHL 47
Dacas v Brook Street Bureau (UK) Ltd EWCA Civ 217
Muscat v Cable & Wireless Plc EWCA Civ 220
James v Greenwich LBC EWCA Civ 35
Muschett v H M Prison Service EWCA Civ 25
see UK labour law

Notes

  1. "Contract of employment". Heath & Safety Executive. Retrieved 18 September 2016.
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