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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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

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Fieldfisher—Mark Shaw

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Taylor Wessing—Stephen Whitfield

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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