Ready Mixed Concrete Ltd v Minister of Pensions [1968] 2 QB 497<\/strong><\/p>\n Summary<\/strong>: Definition of an employee under a \u2018contract of service\u2019.<\/p>\n A driver contracted with a mixed concrete company for the delivery of concrete.\u00a0 The contract declared him an \u201cindependent contractor\u201d and set out wages and expenses. The driver was to purchase his own vehicle, yet with a requirement that the vehicle be painted in company colours. He was to drive the vehicle himself but under compliance with certain company\u2019s rules including, for example, the manner of vehicle repairs and payments.<\/p>\n The question arose as to whether the driver was an \u201cemployed person\u201d under a contract of service with the company for the purposes of the National Insurance Act 1965.<\/strong><\/p>\n Firstly, the Court held that whether a contract creates a \u2018master and servant\u2019 relationship between an employer and employee is determined on the basis of contractual rights and duties, and that the nomenclature used in the contract is irrelevant. Thus, the fact that the contract termed the driver to be an \u201cindependent contractor\u201d is not material. Secondly, the Court held that employment under a contract of service exists when:<\/p>\n On the facts, the Court held that the driver had sufficient freedom in the performance of his contractual obligations as he was free to decide the vehicle, his own labour, fuel, and other requirements in the performance of the task. In lieu of these freedoms, he was an independent contractor and not an employee of the company.<\/p>\n","protected":false},"excerpt":{"rendered":" A driver contracted with a mixed concrete company for the delivery of concrete.\u00a0 The contract declared him an \u201cindependent contractor\u201d and set out wages and expenses.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[85],"class_list":["post-5464","post","type-post","status-publish","format-standard","hentry","category-cases","tag-uk-law"],"yoast_head":"\nFacts<\/h3>\n
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