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449 results found showing 1 - 20
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Employers urged to properly consider employment status
A recent decision from the Employment Appeal Tribunal (EAT) has clarified the circumstances in which an individual is prevented from pursuing a claim for unfair dismissal due to misrepresentation of their employment status. The individual in this case was recruited by a firm of solicitors and at his own request was engaged as a “self-employed locum solicitor”, being paid without deduction of tax or national insurance and submitting self-assessment forms to HMRC. Following the termination of this arrangemen...
Case | 7 Sep 2011
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Fair Work coalition backs employment status reform
A new Fair Work coalition is coming together at the TUC in London today to campaign against employers being able to use the gaps in the UK's complex employment status law to avoid basic statutory rights. The Fair Work coalition, which includes faith groups, voluntary and community organisations and unions, is concerned that a lack of decent employment rights for some of the UK's most poorly paid workers is leaving thousands of people trapped in poverty at w...
News | 12 Mar 2010
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PAYE and the employment status conundrum
...ax due from the employer under PAYEthe time and costs involved with a status enquiry (not to be underestimated)if the employee is uncooperative it could be difficult to make use of the new regulationsif VAT has been accounted for on fees paid there could be some complexity in unravelling this aspectemployment status confers various rights on employees, such as protection against unfair dismissal, a lump sum payment on redundancy and minimum notice periods.All of this indicates that careful consideration should be given to status issues at the outset of the relationship. In borderline cases it might be worth ap...
Case | 31 Oct 2008
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Employment status: misrepresentation is distinguishable from mischaracterisation
In two cases the claimants were treated by their employers as self-employed and, acting in good faith and without misrepresenting the facts of their employment status, actively participated in the arrangements. Their status as self-employed was accepted by the Inland Revenue. Both claimants were dismissed from their employment and made claims of unfair dismissal. In the first case, the employment tribunal decided that the claimant was an employee and that his co...
Case | 28 Oct 2008
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Employment status: looking outside the employment contract
In Ministry of Defence HQ Defence Dental Service v. Kettle the EAT provided useful guidance on when tribunals can look outside the written terms of the relevant contract to determine a person’s employment status: A tribunal must firstly decide whether the parties intended the document(s) to be the exclusive record of the terms of their agreement. This is a question of fact for the tribunal. If it was the parties’ intention that the document(s) should be the exclusive record of the terms of ...
Case | 1 Mar 2007
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Lapdancer loses unfair dismissal case due to employment status
A lapdancer who was attempting to bring a case for unfair dismissal against Stringfellows has lost her case because she could not prove she was an employee. Therefore, she was not granted permission to take the club to a Tribunal.Nadine Quashie, 27, who was sacked in 2008, said she believed she
Case | 11 Nov 2010
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Dentist loses dispute over employment status
In a recent case, the Employment Appeal Tribunal has held that an unfettered right of substitution in a contract can be detrimental to worker status. The case involved a dentist, but, according to law firm Blake Lapthorn, its implications will also be particularly relevant to those working in the construction sector. The denti...
Case | 20 Aug 2010
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Lapdancer loses unfair dismissal case due to employment status
If she were a machine operater I bet the court and Inland Revenue would take the view that the work was exclusive to the employer, regular, came with conditions and therefore was "employment" not self-employment that should come under contract and be subject to PAYE !!!!!
Comment | 16 Nov 2010
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Employment status of casual workers
The EAT has held in North Wales Probation Area v Edwards that a worker who worked on a casual basis was employed under a contract of employment for each session of work. Mrs Edwards worked under a "Relief Hostel Worker Contract" on a casual basis. Her contract stated that the hostel was under no obligation to provide her with work, that she was not obliged to accept their offer of work and that she could make direct arrangements with anoth...
Case | 8 Feb 2008
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Employment Status: Emerging Markets Partnership -v- Bachnak
...ect contractual relationship on the other, means that the individual is not an employee (and thus cannot claim unfair dismissal). What a Tribunal should do is look at the two contracts in the round and decide whether, in the light of the co-existing contracts, an express or implied contract of employment arises.
Case | 22 Dec 2003
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Employment Status: Stephenson -v- Delphi Diesel Systems Ltd
Background The applicant registered with an employment agency under a contract which provided that the agency would pay the applicant for work done for clients, that he was not obliged to accept any assignment offered by the agency and could terminate an assignment at any time without notice, but that if he accepted work he would be under the direct su...
Case | 28 Mar 2003
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Employer could not withdraw dismissal
...ived full details of the proposal. Three weeks later she still hadn’t received the details. On 22 December, Ms Willoughby’s line manager wrote to her saying that she would begin working as a self-employed contractor from 1 January 2009. The letter stated: “The termination of your existing employment contract will be effective from 31 December 2008.” Ms Willoughby told her employer that she did not accept the move to self-employed status. Her manager tried to reassure her twice that there had been a misunderstanding and that, if she wished, her employment for CFC could carry on as before. H...
Case | 1 Nov 2011
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HMRC issues minimum wage warning to Olympic employers
...ng to worry about. “But the message is clear – if you deliberately seek to evade tax, HMRC can and will track you down and you’ll face not only a heavy fine but possibly a criminal prosecution as well.” HMRC will be targeting contractors and employers who: do not correctly classify the employment status of their workers; do not deduct and account monthly for PAYE and National Insurance; do not deduct and account monthly for deductions under the Construction Industry Scheme (CIS); avoid paying the national minimum wage; and fail to meet their obligations to file statutory CIS or PAYE return...
News | 20 May 2011
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Report urges Government to improve women’s employment status
...r about whether they have the same conditions of pay and promotion as men. The Kingsmill Report, published earlier this month, has found that an 18% pay gap exisits between men and women in this country. The report aimed to examine non-legislative and cost effective measures to improve women’s employment prospects and participation in the labour market. It recommended that the Government consider "non-legislative and cost-effective proposals to deliver improvements in women's employment prospects and participation in the labour market". The Workplacelaw Network will keep you informed of all the...
News | 17 Dec 2001
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Call for investigation into “bogus” self-employment
...ction industry and stamp out bogus self-employment is to introduce the deeming proposals at the earliest possible opportunity. In the meantime the HMRC must crackdown on the shady practices of employment agencies.” Anne Fairweather added: "It is quite untrue to allege that the REC disregards employment status rules. "Many workers in construction are legitimately self-employed, carrying out their trade. Employment agencies offer them a route to find work. The Treasury and HMRC have indicated that they are considering a different basis for determining tax status in construction. “The ...
News | 19 Mar 2010
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Warning to employers who use self-employed workers
...exercised over the meeting leaders in terms of the way the meeting was run, the leader's own weight maintenance, the obligation to sell products at a certain price and restrictions on her participation in other weight maintenance programmes. A large degree of control by the employer again points to employment status. "The final factor is mutuality of obligation. In the Weight Watchers case it was not in dispute that there was mutuality between the parties – the leaders were expected to turn up and conduct the meetings at a certain time and place each week. "This case shows the increasing willingness of c...
News | 3 Mar 2010
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Call for more employment protection for clergy members
...are exempt from most employment law protection. Unite is lobbying for the Government to change the law to give priests greater protection. However, on Radio 4’s Today programme this morning, Reverend John Packer, Bishop of Ripon and Leeds, said: "The majority of clergy do not actually want employment status, or at least that's been the indication consistently at general synod when this issue has been raised. It's regarded as a calling by most clergy, not as a job, but there does need to be protection for people where these very tense situations do arise, particularly between clergy and congregatio...
News | 4 Jan 2010
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Concern over rise in self-employed construction deaths
...y argued that self-employed workers are at greater danger of being killed and injured at work. The latest figures underline this fact.” He also added that the figures were confused by self-employment classification methods in the construction industry and called for changes to clarify workers’ employment status. He said the figures are not straightforward as some workers have all the employment characteristics of an employee but are considered to be self-employed for tax purposes. This is known as 'bogus' or 'false' self-employment. UCATT estimates that there are 400,000 bogusly self-employed construc...
News | 16 Nov 2009
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Surprising judgment on employment status of IT contractor
The Employment Appeal Tribunal ("EAT") has recently ruled that a contractor who was supplied to an end user via an employment agency could not be the end user's employee, unless there was a contract between them. Previous EAT decisions have concentrated on the relationship between end user and contractor, in or...
News | 23 Oct 2001
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Lapdancer loses unfair dismissal case due to employment status
Another victory for Peter Stringfellow, crusader of womens rights...
Comment | 15 Nov 2010
