Liability of temporary deemed employer

Hawley v (1) Luminar Leisure Ltd (2) ASE Security Services Ltd (3) Mann (David Preston) [2006] EWCA Civ 18; LSG 13 April

The claimant was badly injured by a doorman working at a nightclub owned by the second defendant. The first defendant was the general employer of the doorman and the second defendant was his ‘temporary deemed employer’. The test of employment goes beyond control and is ‘whether or not the employee in question is so much part of the work, business, or organisation of both employers that it is just to make both employers answer for his negligence’. The court was unanimous in finding that the second defendant was solely responsible for the actions of the doorman because its manager was in overall charge of security, it controlled the doorman and it provided uniforms for the doorman. He was effectively ‘embedded’ in the second defendant’s organisation. There was no dual responsibility because the defendants were not working together as contractor and subcontractor.