Denham v Midland Employers’ Mutual Assurance Ltd [1955] 2 QB 437 a case heard by the Court of Appeal concerning transfer of employment.


The victim was killed during his borrowed employment with D. Up to the time of death he was paid exclusively by D, the question the court was called upon to answer was whether the victim was an employee of D.


The court held that the victim was not an employee of D, the court was not satisfied that a contract of services existed between the deceased and D. The court in reaching this decision emphasised the importance of the employee's consent, in the absence of which (expressed or implied) an employment cannot not be transferred.

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