Autoclenz Ltd v Belcher & ors [2011] UKSC 41 – Page 2 – Law Journals

Employment Status: Considerations when using personal service companies

Matthew Towers discusses a recent case on what counts as ’employment’ for the purposes of bringing a discrimination claim ‘Individuals providing work through personal service companies may not be protected against discrimination under the EA, especially where contractual arrangements are complicated.’ In some industries, such as IT, it is relatively common for individuals to provide …

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Non-Employment Arrangements: What’s the status?

Susie Al-Qassab analyses recent case law and other developments affecting businesses that have significant numbers of non-employees in their workforce ‘We are seeing a backlash against the cynical and widespread shoehorning of employees into non-employment arrangements in order to avoid rights, protections and cost.’ This article is a round up of recent decisions and developments …

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Internships: All work and no pay

Gus Baker investigates what rights interns have at work and how they are being enforced ‘Over the last two years, the government has announced several high-profile initiatives to ensure that where interns are ‘workers’ they are paid at least the national minimum wage.’ In March this year, Chris Jarvis, a computer games graduate, filed a …

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Employment Status: Keeping it casual

Susie Al-Qassab considers the consequences of three recent decisions in the EAT on the mutuality of obligation test The fact that the claimants worked rostered hours to which they could object if they posed them a problem, did not preclude mutuality of obligation. To establish employee status and enjoy the rights and protections only available …

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Employment Status: Are contract terms worth the paper they’re written on?

Stephen Ratcliffe and Colin Leckey examine the impact of a recent Supreme Court decision about when courts and tribunals should disregard express written contractual terms ‘The Supreme Court’s decision provides welcome clarification of the circumstances in which an employment relationship may arise even where this contradicts express written terms.’ The Supreme Court in Autoclenz Ltd …

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