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Meaning of "employer in the construction industry" - Hudson Contract Services Ltd v Construction Industry Training Board [CA] 10.03.20 (Unreported)

A company which only directly employed a small workforce at its head office, but which provided thousands of self-employed construction workers to employers in the construction industry, was an "employer in the construction industry" pursuant to the Industrial Training Levy (Construction Industry Training Board) Order 2015 art.3(1), and its head office was a "construction establishment" pursuant to art.5(2). There was nothing in the legislation that required a focus on direct employees only, nor any rational reason to exclude from consideration the activities performed by the company's self-employed operatives.
Category: Employment Keyword(s): Construction. Area(s) of law: Construction; Employment.
Source: [2020] EWCA Civ 328.

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