terminology, be regarded as self-employed master craftsmen; and following the reduction of the manufacturing base of the British economy there has, in the last 10 years, been a move towards part time and temporary employment and an encouragement of small businesses under the control of the person who provides the labour on which the business depends. While the distinctions are less significant today, some understanding of history is necessary to appreciate the case law. Judicial tests : Following the decision in Yewens v Noakes (1880) the courts were constantly involved in developing tests by which servants might be identified in order to determine the rights and duties of the parties in dispute. Such disputes would normally, but not necessarily, be between an employer and a worker; they could, however, be between one of the parties to the employment contract and

doi:10.4324/9781843140504-62

Chapter

terminology, be regarded as self-employed master craftsmen; and following the reduction of the manufacturing base of the British economy there has, in the last 10 years, been a move towards part time and temporary employment and an encouragement of small businesses under the control of the person who provides the labour on which the business depends. While the distinctions are less significant today, some understanding of history is necessary to appreciate the case law. Judicial tests

Chapter

ABSTRACT

Following the decision in Yewens v Noakes (1880)7 the courts were constantly involved in developing tests by which servants might be identified in order to determine the rights and duties of the parties in dispute. Such disputes would normally, but not necessarily, be between an employer and a worker; they could, however, be between one of the parties to the employment contract and a government agency, such as the Inland Revenue or the Department of Social Security. In Yewens v Noakes (1880) Bramwell B stated that:8

A servant is a person subject to the command of his master as to the manner in which he shall do his work.