0370 270 6000

Search

Search Mobile

collapse

already registered?

Please sign in with your existing account details.

Email address

Password

Sign in with LinkedIn

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Register with LinkedIn

Forgotten your password?

collapseSign

Home

Insights

Resources

Blogs

When is an employee not an employee?

when is an employee not an employee?

10 June 2011

The Supreme Court’s decision in Autoclenz v Belcher is expected soon. This decision will determine how far employers and those who work for them can dictate, in the contractual documents, whether someone is employed or a contractor.

The consequences are highly significant for businesses, as employees have greater employment protection than contractors.

The current law allows the court to look at the true legal relationship between the parties, how the relationship operates in practice – not just the contractual agreement. Autoclenz is arguing that the nature of the relationship is defined by the agreement – not by its practical operation. The only exception should be where evidence shows that the contractual documents are a sham.

If the Supreme Court agrees with Autoclenz, consultancy agreements may become more common and more people may be made to work with reduced employment protection.

related opinions

Will there be a return of employment tribunal fees?

The Government is reportedly considering the reinstatement of tribunal fees in respect of employment claims.

Redundancy: competitive interview processes

In this case, the Respondent’s appeal was unsuccessful. In the first instance, the decision that it unfairly dismissed various claimants following the closure of the school where they worked. The Claimants were unsuccessful in applying for substantially similar positions at a new school that opened at the same site. Read more here.

Can an application to postpone a hearing be refused?

This case highlights the importance of Claimants obtaining their own medical evidence in such matters especially when it is pivotal to their claim.

Employer obliged to pay settlement despite employees confidentiality breach

In Duchy Farm Kennels Ltd v Steels the employer was found not to have been relieved of its obligation to pay a settlement sum, despite the former employee having breached the confidentiality clause contained in the settlement agreement.

View all blogs

Ben Standing

Senior Associate

mailing list sign up

Select which mailings you would like to receive from us.

Sign up

quick links

Employment