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11 January 2013
Issue: 7543 / Categories: Case law , Law digest , In Court
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Employment

Quashie v Stringfellows Restaurants Ltd [2012] EWCA Civ 1735, [2012] All ER (D) 229 (Dec)

Various tests for identifying when a contract of employment existed, including the control test, the business integration test, the business of economic reality test, and the multiple or multi-factorial test. However, the test most frequently adopted was that a contract of service existed if three conditions were fulfilled, namely: (i) the servant agreed that, in consideration of a wage or other remuneration, he would provide his own work and skill in the performance of some service for his master; (ii) he agreed expressly or impliedly, that in the performance of that service he would be subject to the other’s control in a sufficient degree to make the other master; and (iii) the other provisions of the contract were consistent with its being a contract of service. The issue was not simply one of control, and the nature of the contractual provisions might be inconsistent with the contract being a contract of service. When applying that test, the court or tribunal was required to examine and assess all the relevant factors which made up

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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Choosing the wrong expert can cost a clinical negligence claimant more than their case
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A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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