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In search of a common thread

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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

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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