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
CourtCourt 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

  • Contract of employment in English law
  • UK labour law
  • EU labour law
  • US labor law
  • German labour law

Notes

  1. [1994] IRLR 171, 174
  2. [1992] 1 WLR 939

References

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