Determining Employment Status

A Supreme Court decision has definitively confirmed that, when determining an individual's status, employment tribunals and courts can set aside express contractual terms that are inconsistent with the reality of the parties' relationship.

In this case, the court held that car valeters (whose contracts described them as self-employed and contained a substitution clause) were, in reality, employees. The decision also illustrates that it is technically possible for an individual to be self-employed for tax purposes, but an employee or worker under employment law and vice versa.

This checklist explains the significance of the distinction between an employee, a worker and a self-employed contractor. It also sets out the factors that will be considered by an employment tribunal when deciding whether an individual is an employee or self-employed.

For further information please contact our Employment Law Team.

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O'Neill Patient Solicitors LLP
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