IN A lorry driver said by George Lindsay (Haulage) to
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have worked for the company on a self-employed basis has been held to be an employee by a Birmingham Industrial Tribunal.
The company had claimed that the tribunal had no jurisdiction over a claim for unfair dismissal by driver John F Smith.
The tribunal heard that early in 1984 Smith saw an HGV driving job advertised in a job centre. When he saw the manager of the company's Dudley depot he was told he would have to pay his own income tax and national insurance.
Smith was plainly under the control of Summers, the depot manager, the tribunal decided. He did not have his own vehicle and he was told which vehicle to drive and when. He was not responsible for the upkeep of the vehicle and made no contribution to the running costs.
In June 1986 Smith and other drivers at the depot were presented with a document to sign, saying that they were selfemployed. In the tribunal's opinion it was a deceitful document that sought to take unfair advantage of Smith. He finally signed it after being told that he would have to go if he did not do so.