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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll