Commentary

(4) Personal service and substitution clauses

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(4) Personal service and substitution clauses

| Commentary

(4)     Personal service and substitution clauses

Traditionally it has been of the essence of a contract of employment that the employee undertakes to provide personal service to their employer. Thus if the individual in question was entitled to send along a substitute to perform their duties in their stead that would, of itself, usually be enough to demonstrate that the contract is not a contract of employment:

'Ready-Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance [1968] 2 QB 497, [1968] 1 All ER 433, McKenna J: Latimer drove a concrete mixing lorry for Ready-Mixed Concrete. He was buying the lorry from the company on hire purchase. Both he and the lorry had to wear the company's uniform. He had to drive it exclusively for the company and he agreed to submit to all reasonable orders 'as if he were an employee'. Held: he was not an employee but an independent contractor. One of the critical

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