Gang workers

Case 7: The facts

JNJ Bricklaying employed bricklayers and labourers through two gangs. The company supervised their work, controlled their rates of pay, deducted tax and provided most of their tools. One member of each gang liased with the company, sorting out the cost of the job. The company argued that they were not workers but an economic unit operating as a business.

The ruling

The EAT agreed with the employment tribunal ruling. It maintained that this was not a case of a gangmaster operating as a company. The employer remained responsible for paying the wages to each worker, unlike the normal situation with gangmasters who would be responsible for distributing pay.

* JNJ Bricklaying v Stacey and others EAT/0088/03