251. Labour only sub-contracting.

The common law distinguishes between the status of an employee employed under a 'contract of service', and the status of a self-employed person offering services to customers under a 'contract for services'. The contractual and other duties owed to the employee are more numerous and onerous. Statutory provisions relating to taxation, health and safety, and employment protection adopt the distinction and incorporate it1. The distinction is therefore fundamental to all rights and liabilities relating to labour, but it is complicated in the construction industry by the existence of sub-contractors whose only function is to provide labour.

No simple test exists