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Finance & Accounting
Pages 4 (1004 words)
Author [Manager] [Subject] 27 May 2015 EMPLOYMENT LAW CONTRACT Express and Echo Publications Ltd v Tanton  IRLR 367 1. The appeal was heard in the Employment Appeal Tribunal (EAT). 2. It refers to the citation of the case or where the case can be found…
3. Mr. Tanton initially filed his complaint on September 9, 1997 before the Industrial Tribunal Chairman, sitting alone. 4. The Supreme Court held that Mr. Tanton was self-employed driver. His job was focused mainly on pick-up of newspapers and make deliveries to several addresses based on the instructions of Express and Echo Publications. In the Agreement of Services signed by Mr. Tanton, particularly, Clause 3.3, negates the existence of an employer-employee relationship due to the existence of the provision to the effect that “In the event that the he is unable or unwilling to perform the services personally as required under such agreement, he shall arrange at his own expense entirely for another suitable person to perform the services. In addition, paragraph 13 of the schedule, stated that: “In the event that the contractor provides a relief driver, the contractor must satisfy the company that such a relief driver is trained and is suitable to undertake the services”. Therefore, the element of control on the part of the employer on the employee was not present since Mr. Tanton can easily find his own replacement or substitute, who shall take his place to render the service in the event that he is unable to perform his personal obligation to the employer. Hence, the fact that Mr. Tanton has the power to send his substitute means that the contract of employment does not exist, making him self-employed contractor. 5. ...
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