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Pola v R (Health and Safety Executive) [2009] EWCA Crim 655 – Ss 33 and 53 HSWA – s 130 PCCSA.

1) meaning of “employee” – “individual who works under a contract of employment”
- to be an “employee”, worker must be under obligation to work and remain at work throughout the day for which he expects to be paid.
2) case to answer – employee status can be inferred – obvious that person who turned up for work expected to work that day and be paid at the end of it.
3) circumstances when court should make a Compensation Order.

undefined: unpaid

Legislation