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Haulier to pay expenses

14th April 1994, Page 18
14th April 1994
Page 18
Page 18, 14th April 1994 — Haulier to pay expenses
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Which of the following most accurately describes the problem?

Keywords : Law / Crime, Labor

• International Rochester-based hauliers Anthony and Irene Lamb were ordered to pay £800 to a self-employed driver, after a Nottingham Industrial Tribunal ruled that they had unlawfully failed to pay the money due to him.

The tribunal said the provisions of the 1986 Wages Act not only applied to employees. The provisions also extended to any contract where an individual undertook to do or perform per sonally any work or service for another party to the contract.

Alan Pressick claimed that the Lambs had failed to pay his remuneration as a driver for a trip to Belgium on their behalf.

The tribunal was told that Pressick, who left the UK on 26 August 1993, was to be paid £200 a week As he was about to leave the UK it became apparent that the truck had a particularly heavy load, which meant he had to take a longer and more expensive route to Belgium. Other problems arose over which he had no control and he returned to the UK on 24 September 1993.

The Lambs, who did not attend the hearing, wrote to say that Pressick was working for them as a sub-contractor. He had spent all the money he was given for the journey and did not have sufficient receipts to account for it. Pressick had taken longer to do the journey than had been agreed.

Ordering the Lambs to pay Pressick £800, the tribunal said that he had not received any of his remuneration. The definition under the Wages Act was wide enough to apply to Pressick, who was engaged as a self-employed sub-contractor. He spent four weeks working for the Lambs, who were not entitled to withhold from his wages any sum for expenses incurred by him in the course of the journey.


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