Member of a family means wife or husband, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, granddaughter, stepson, step-daughter, brother, sister, half-brother, half-sister.
The classes of persons who are excluded from the operation of the Act may be divided into six divisions: (i) Persons employed otherwise than by way of manual labour whose remuneration exceeds £250 a year; (2) persons whose employment is of a casual nature and who are employed otherwise than for the purpose of the employers' trade or business; (3) members of a police force; (4) out workers; (5) members of the employers' family dwelling in his house; (6) soldiers and sailors in the Royal Navy.
A great deal turns on the meaning to be attached to the word casual and to whether the employment is in fact of a casual nature. The occasional employment of a charwoman or a step-girl would be casual employment; but if either were engaged to come once a week or once a fortnight the employment would cease to be casual, and they would be brought within the benefit of the Act and be entitled to compensation. Hiring a jobbing gardener to trim and sweep up the garden is another example of casual employment, and probably the employment would not cease to be casual because he was hired three or four times in the year, but if hired weekly or monthly it would be otherwise.
In a case where a man had been employed for two years to clean the windows of a private house whenever they wanted it, being paid at the end of each job, it was held that the employer was not liable. Although the occasional employment of a shorthand writer by a business man might be in this sense casual, yet the fact that he was engaged for the purposes of his employer's business might render the latter liable.
To render the employer liable not only must the employment be other than that of a casual nature, but the relation of master and servant must be established between them. Thus the dustman who calls weekly is not the servant of the household, although he renders him a service
Law for which he frequently receives gratuities; the dustman is the servant of the corporation who employ him and who are responsible for his wages. The club waiter is the servant of the committee, and not of the individual members. The hired waiter is in the same position as the gardener or the charwoman; whether his employment is casual or not remains a question of fact. The waiter at the restaurant and the waitress at the tea-rooms may serve the same individual daily throughout the year, but nevertheless the contract of service is not established between them, and the customer, who has neither the power to discharge them from their employment nor continue them in it, is not their master, but the company or other person by whom they were engaged. The cab-driver hired by a person engaged in some business to drive him on a matter connected with that business would still appear to come under the exception, there being no real contract of service between the hirer and the driver.