Carpenters

Case 4: The facts

Blue Sword Construction engaged carpenters on temporary contracts. The carpenters signed documents stating that the holiday pay rate was rolled up, but they were not given any copies of them. They were paid a daily rate, had to do the work themselves, provided few tools, bore no risk, were paid on a time basis and were not free to leave the job when they wanted.

They were under the control of the company for which they worked.

The ruling

The EAT found that they were employees with significant employment rights. It went on to hold that, even if they had not been employees, they would still have had the right to have their contract untouched and to be paid notice in lieu. Since there was nothing in their documents showing they had agreed not to have employee status, they were entitled to notice and holiday pay.

McCarthy and others v Blue Sword Construction EAT/0223