A contractor who sub-contracts work and exercises control over the sub-contractor (including directing what work is to be done and supplying materials) does not thereby become a quasi-employer of the sub-contractor's employees where the sub-contractor's principal is a skilled tradesman exercising independent judgment and day-to-day supervision of his own employees. The degree of control must be exercised over the individual worker, not merely over the sub-contractor, to establish a relationship analogous to employment giving rise to a non-delegable duty of care. TNT v Christie is confined to its facts where the worker was under the daily control of the principal and treated identically to its employees.
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