Lee Ting Sang v Chung Chi-Keung [1990] UKPC 9 is a Hong Kong and UK labour law case concerning the scope of protection of employment rights.
It took the view that an employment contract requires that regard be had to the economic reality of the relationship, looking at factors such as whether a person uses their own tools or takes on business risks.
A skilled stonemason wanted to claim he was within the health and safety regulations.
The court took into account that he (1) worked mainly for a subcontractor on short-term basis, (2) was paid a piece-work rate or a daily rate, (3) did not possess any equipment, (4) did not hire any helpers, and (5) was not required to exercise management of the job, The Privy Council took into account a number of factors to determine if there was a legal relationship of employment.
Traditionally, skill was a factor which negated the existence of a legal relationship of employment.