Mr. Lane was a builder/roofer/carpenter who traded as a one-man firm. He was categorized as self employed for tax purposes. He initially was contracted directly by clients but this work dried up and he usually worked for other contractors. Shire Roofing was a new company who hired Mr. Lane at a daily rate in relation to a specific roofing job. The new company did not want to take on many long-term employees and therefore mostly hired men for individual jobs. When the roofing work was nearly complete Mr. Lane was asked to re-roof a porch at a private house. Shire Roofing agreed to a price of £389 with the householders and then agreed to an all-in-fee of £200 with Mr. Lane following a site visit where plant and equipment were discussed. The hire of scaffolding would have made the job unprofitable and Mr. Lane was offered a trestle-type platform or tower scaffold to work from. Mr. Lane refused, stating that he preferred to work from his own ladder. Whilst carrying out the work Mr. Lane fell from the ladder and sustained serious brain damage. He claimed damages from Shire Roofing on the basis that they failed to comply with their duty of care as his employer. 1. Using the criteria that determine whether an individual is an employee or a self-employed individual, determine if Mr. Lane has solid grounds on which to win his claims. 2. Justify your answers by outlining which of the criterion or criteria applies to Mr. Lane’s situation.

Understanding Business

12th Edition

ISBN:9781259929434

Author:William Nickels

Publisher:William Nickels

Chapter1: Taking Risks And Making Profits Within The Dynamic Business Environment

Section: Chapter Questions

Problem 1CE

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Mr. Lane was a builder/roofer/carpenter who traded as a one-man firm. He was categorized as self employed for tax purposes. He initially was contracted directly by clients but this work dried up and he usually worked for other contractors. Shire Roofing was a new company who hired Mr. Lane at a daily rate in relation to a specific roofing job. The new company did not want to take on many long-term employees and therefore mostly hired men for individual jobs. When the roofing work was nearly complete Mr. Lane was asked to re-roof a porch at a private house. Shire Roofing agreed to a price of £389 with the householders and then agreed to an all-in-fee of £200 with Mr. Lane following a site visit where plant and equipment were discussed. The hire of scaffolding would have made the job unprofitable and Mr. Lane was offered a trestle-type platform or tower scaffold to work from. Mr. Lane refused, stating that he preferred to work from his own ladder. Whilst carrying out the work Mr. Lane fell from the ladder and sustained serious brain damage. He claimed damages from Shire Roofing on the basis that they failed to comply with their duty of care as his employer. 1. Using the criteria that determine whether an individual is an employee or a self-employed individual, determine if Mr. Lane has solid grounds on which to win his claims. 2. Justify your answers by outlining which of the criterion or criteria applies to Mr. Lane’s situation.

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