header-logo header-logo

In search of a common thread

istock_000021001381medium_4

Charles Pigott reviews the courts’ continuing battle to define employment status

In employment status cases there has long been a conflict between a legal culture that gives primacy to written documentation and the fluid nature of the modern working environment, where what happens on the ground is arguably as significant as the formal written agreement.

Last year in Autoclenz Limited v Belcher and others [2011] UKSC 41, [2011] IRLR 820, the Supreme Court gave the clearest indication yet that the courts must focus on the true relationship between the parties, of which the written agreement is only part. That case was about the status of ostensibly self-employed car valeters. They sought a declaration that they were workers and therefore entitled, among other things, to holiday pay.

For most purposes, a worker is defined as someone working either:

(a) under a contract of employment; or
(b) under “any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes

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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
back-to-top-scroll