Absences due to illness or family responsibility
20 Absences due to illness or family responsibility
Contractors are businesses, not employees. As such, provided the standards of the contract are met, it is a matter for the contractor to choose the person who actually performs the services. This could be the owner of the contractor's business or an employee or subcontractor.
A hirer may impose reasonable requirements on the use of alternative drivers based on the qualifications, training or character of a proposed driver.
Mandatory Requirement
A hirer must not terminate a contract only because of the absence of the contractor due to temporary illness or incapacity, family responsibilities or a similar reason, without first allowing a reasonable period of time for the contractor to provide a suitable replacement driver.
In considering what period of time is reasonable for the contractor to provide a replacement driver, regard must be had to the nature of the work and the relevant terms of any contract between the parties.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.