Integration or organisation test

One of a number of tests developed by the courts to test the employee's status.

For vicarious liability to arise there must be a relationship of employer and employee for the employer to be liable for the tortfeasors's act.

A number of tests were developed by the courts to test the employee's status and this includes the Integration or Organisation test as developed by Lord Denning in Stevenson, Jordan & Harrison Ltd v MacDonald and Evans (1952). Lord Denning stated;

'Under a contract of service a man employed as part of the business and his work is done as an integral part of the business but under a contract for services his work, although done for the business, is not integrated into it but only accessory to it.'

The underlying principle of this test is that the more the worker is integrated into or is part of the organisation the more likely he or she can be considered an employee.

As there was no assistance provided for the interpretation of integration or organisation the test was barely used but was followed in Whittaker v Minister of Pensions and National Insurance (1967).

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