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13 November 2009 / Michael Salter , Chris Bryden
Issue: 7393 / Categories: Features , Employment
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A matter of intent

Chris Bryden & Michael Salter consider the complexities of sham employment terms & the true nature of the contractual relationship

The question of whether a person doing a job of work is an employee (and, as such, able to benefit from the breadth of protection afforded to such status by employment law) or merely a worker, or some other status (for example an independent contractor, who is self-employed) is a vexed one.

Courts at senior levels have laid down various guidelines, which have been subjected to scrutiny and analysis by the lower courts. However, recent authority has now confirmed that the courts should search for the true intention of the parties and not be bound by the strict wording of the contract if this does not reflect reality.

The Court of Appeal (Smith, Sedley and Aikens LJJ) handed down its judgment in the case of Autoclenz ltd v Belcher and Others [2009] EWCA Civ 1046, [2009] All ER (D) 134 (Oct) last month.

Autoclenz was a company that cleaned cars ready

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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