Who is the Employer? – 2

Interlink Express Parcels Ltd v Night Trunkers Ltd and Another (CA TLR 22 March)

Some of the drivers involved in the process of taking parcels to and from Interlinks’ depots in vehicles owned or leased by Interlink, were supplied by Night Trunkers. Section 2 of the Goods Vehicle (Licensing of Operators) Act 1995 requires users of goods vehicles to hold an operator’s licence and s58(2) provides that the user of a goods vehicle is deemed to be the person whose servant or agent the driver was. The trial judge had found the contract between Interlink and Night Trunkers was void for illegality because Night Trunkers’ drivers could not be deemed to be employees of Interlink, but remained employees of Night Trunkers who held no such license.