Citation(s) [1969] 2 QB 173 Ruling court High Court of Justice | Judge(s) sitting Cooke J | |
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Similar Ready Mixed Concrete, Nethermere (St Neots) Ltd v Gar, O'Kelly v Trusthouse Forte plc, Carmichael v National Power plc, James v Greenwich LBC | ||
Market Investigations Ltd v Minister for Social Security [1969] 2 QB 173 is a UK labour law case concerning the scope of protection for people to employment rights. It took the view that an employment contract requires attention to a multiple list of factors. In some regards this judgement appears to contradict the earlier 'Ready Mixed Contract' case (RMC), which was decided the previous year. However, 'Market Investigations' involved implying the companies best-practice handbook into the contract between the parties, whereas 'RMC' was judged purely by rational construction of the agreed terms of the written contract, against the background of the written contract as a whole. There is an article on RMC in the UK wikipedia.
Contents
Facts
Mrs Anne Irving from time to time did market questionnaires. There was a dispute between the business for whom she did the surveys, Market Investigations, and the Minister for Social Security over whether National Insurance contributions should have been made on her behalf. This depended on whether she was an employee.
Judgment
Cooke J held Ms Irving was an employee for the purpose of National Insurance contributions, despite ‘a limited discretion as to when she should do the work.’ Mrs Irving could control some of the way she carried out the work, but not entirely. She could not be said to be in business ‘on her own account,’ a judgment which depended on a list of factors, none of which are decisive. After quoting Lord Wright, Lord Denning and the Supreme Court of the United States, Cooke J said the authorities,