header-logo header-logo

Things are seldom as they seem...

hmspinafore_logo_4

Spencer Keen explores Autoclenz & the unique status of employment contracts

It has become increasingly difficult for a company, which engages an individual to provide a service, to avoid assuming the sorts of obligations which have only previously been owed to employees. Increasingly, traditional employment rights, such as the right to holiday pay, are being given to workers who are not employed in the normal fashion (most recently, by the Agency Worker Regulations 2010 (SI 2010/93) which are due to come into force next month).

Reliance on written terms

To what extent can an employer rely on the express written terms of a contract to limit his exposure to these sorts of statutory protections and to reduce his costs, tax obligations or other potential liabilities?

Where a legislative right is afforded to a worker or employee (such as the right to paid holidays under the Working Time Regulations 1998 (SI 1998/1833) (WTR)) can a person be deprived of that benefit simply because

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll