Umbrella Case Law

Umbrella Company Resource Documents which refer to Umbrella Case Law:

Please find detailed below the umbrella case law as quoted in the HMRC Employment Status Manuals (ESM’s). Please click on each title to download.

Ready-Mixed Concrete (South East) Limited v. Minister of Pensions and National Insurance 1968
Point at issue: Whether an owner-driver of a vehicle used exclusively for the delivery of a company’s ready mixed concrete was engaged under a contract of service or a contract for services.

Clark v Oxfordshire Health Authority
In the Supreme Court of Judicature, In the Court of Appeal (Civil Division), On Appeal from the Employment Appeal Tribunal.
18th December 1997

Stringfellow Restaurants Ltd v Quashie
In the Court of Appeal (Civil Division), on Appeal from the Employment Appeal Tribunal.
21st December 2012

Nethermere (St Neots) Ltd v Gardiner and Taverna 1984
Point at issue: The Industrial Tribunal had to consider as a preliminary issue whether the applicants were “employees” employed under contracts of service or whether they were self- employed under contracts for services.

Airfix Footwear Limited v Cope 1978
Point at issue: Whether Mrs Cope was engaged under a “contract of employment” and therefore entitled to claim unfair dismissal under the Trade Union and Labour Relations Act 1974.

Carmichael & Another v National Power PLC 1999
Point at issue: Whether Mrs Carmichael (“Mrs C”) was an employee under a “contract of employment” as defined in the Employment (Consolidation) Act 1978 and therefore entitled to written terms of the particulars of employment. Under this Act it was necessary to be engaged under a contract of employment for a minimum of 13 weeks to obtain this entitlement.

Stephenson v Delphi Diesel Systems Ltd (2003) Employment Appeal Tribunal
11th November 2002

Cornwall County Council v Prater (2006)
In the Supreme Court of Judicature, In the Court of Appeal (Civil Division), On Appeal from the Employment Appeal Tribunal.
24th February 2006