Miller v JW Wheatley & Son Ltd [2023]

  • Decision Number
    CSOH 84
  • Legal Body
    Court of Session (Scotland) (COSS)
  • Type of Claim / Jurisdiction
    Contracts of Employment
Issues covered: Workplace Accident; Vicarious Liability

Summary Description: 

A case in which the claimant was regarded as an independent contractor so the subcontractor on a site was not vicariously liable when the claimant suffered an injury.  


The claimant, a solar panel engineer, brought a claim against three defendants relating to a workplace accident. The main contractor had subcontracted the electrical works to another which subcontracted the installation of solar panels to another company.   The claimant was the sole director of this subcontracted company vis-à-vis solar panelsThe claimant submitted a risk assessment to the main contractor noting adverse weather as a hazard.

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This article is correct at 17/04/2024

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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