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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.
The government has now announced further changes to the Job Support Scheme (now renamed the Job Support Scheme Open), with both the percentage of working hours and the employer contribution to unworked hours dropping.
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On 14 October 2020, The Restriction of Public Sector Exit Payments Regulations 2020 (the “Regulations”) were made into law and will come into force on 4 November 2020.
The extent of vicarious liability has been tested by the courts again and this time in relation to employees engaging in horseplay and practical jokes.
The Government has been firm that there will be no extension to the current Job Retention Scheme which is due to end on 31 October. However yesterday saw the announcement of the Job Support Scheme.
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