Chapter ESM7025
Published date | 07 March 2016 |
Record Number | ESM7025 |
Court | HM Revenue & Customs |
Issuer | HM Revenue & Customs |
The resident engineer worked under the supervision of the firm and the post was not superannuable.
Mr Morren applied for the post and was appointed by the Council who also:
- had the right to dismiss him
- paid his salary, travel and subsistence costs and NICs
- determined his holiday entitlement via the “Terms of Employment”.But, importantly, the Council was not responsible for directing or controlling Mr Morren’s work. This was the firm’s responsibility.
“Clearly superintendence and control cannot be the decisive test when one is dealing with a professional man or a man of some particular skill and experience. Instances of that have been given in the form of a master of a ship, an engine driver or a professional architect, or as in this case, a consulting engineer. In such cases there can be no question of the employer telling him how to do work; therefore the absence of control and direction in that sense can be of little, if any, use as a test.”The other considerations e.g. right of dismissal, holiday pay and notice period, led him to the conclusion that Mr Morren was an employee. The power of selection was delegated to the consulting engineers but this did not...
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