header-logo header-logo

24 March 2017 / Spencer Keen
Issue: 7739 / Categories: Features , Employment
printer mail-detail

No passport to Pimlico

nlj_7739_keen

The plumbing company is the latest employer to be put in its place over the employment status of its workers, says Spencer Keen

  • It is not enough to rely on an isolated provision in a contract that, on its own, might indicate that a person was self-employed rather than a worker.
  • The increase in alternative methods of employment mean it is harder to rely on a drafting technique to define the real relationship between the parties.
  • Understanding how the contract functions in the context of the client’s business is vital in today’s gig economy.

The law provides that there are three categories of employment status: the self-employed who are generally regarded as being in business on their own account and control their own activities; the employed who work under employment contracts and are subject to the direction of their employer; and workers who work under a contract to provide their services personally.

The distinction between these three types of worker is not always clear. What is clear however is that, in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
back-to-top-scroll