Worker Status and Vicarious Liability: The Need for Coherence

16 Pages Posted: 14 Feb 2018 Last revised: 14 Mar 2018

See all articles by Sarah Fraser Butlin

Sarah Fraser Butlin

University of Cambridge - Faculty of Law

Robin Allen QC

Cloisters

Date Written: February 13, 2018

Abstract

Gig economy cases continue to dominate the news and work their way through the courts. This paper considers a different angle to the issues and argues that the developments in vicarious liability should apply to the “worker status” debate. Specifically, that to avoid regulatory dissonance, the tests applied to determine those who are in a situation “akin to employment” should be aligned with the worker definition in s230(3)(b) ERA 1996. This would result in a reduced focus on personal service and substitution, and a greater concentration on the second part of the statutory test of whether the individual is in business on their own account.

Keywords: Employment status, workers, gig economy, vicarious liability

JEL Classification: K12, K2, K20, K3, K30, K31, P1, P10, P43, O12, O17, O33

Suggested Citation

Butlin, Sarah Fraser and Allen QC, Robin, Worker Status and Vicarious Liability: The Need for Coherence (February 13, 2018). University of Cambridge Faculty of Law Research Paper No. 21/2018. Available at SSRN: https://ssrn.com/abstract=3123061 or http://dx.doi.org/10.2139/ssrn.3123061

Sarah Fraser Butlin (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Robin Allen QC

Cloisters ( email )

London
United Kingdom

HOME PAGE: http://www.cloisters.com/

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