THE CONTRACT OF EMPLOYMENT WILL THE REAL EMPLOYEE PLEASE STAND UP?

Employee or independent contractor? Mr Lorimer was employed as a vision mixer on TV programmes. He worked on his own and built up a circle of contracts. He was used by a large number of companies for short periods each. He worked on their premises and used their equipment. I.R. claimed he was an employee. Do you agree?

Community Dental Centre Ltd. v Dr.G Sultan-Darmon Dr Sultan-Darmon was a dentist working at the centre. He had complete clinical freedom and could refuse to treat patients. He could take on private paying clients but had to split the fees with the Centre He was liable for half any bad debts Employee or self employed?

Challinor v Taylor Taxi driver was night driver of a cab which was used during the day by the owner The owner paid for fuel, insurance and maintenance and cost of employer’s NI contributions He took 65% of the takings Driver paid Schedule D tax. Owner sold the taxi Driver claimed redundancy.

Employee or independent contractor? Mr.O’Kelly worked as a ‘regular casual’ for Trust House Forte plc. He wished to make a claim for unfair dismissal. He worked under the direction and control of his employers. At functions he was part of the organisation. He was represented in the staff consultation process. Clothing and equipment was provided. Tax and NI contributions deducted. He received holiday pay.

BUT The employers were under no obligation to provide work. The employees were under no obligation to accept work when offered. However if they did not accept they would be dropped from the ‘regular casuals’ list who were offered priority. There was no sick pay or a regular wage

Employee or independent contractor Mrs. Carmichael worked as a tour guide for Blythe A & B power stations She worked on a casual ‘as and when required’ basis. There was no requirement for her to be provided with work and, even when offered work she could, and had, declined it.

Employee or independent contractor? Ms Taverna was a trouser machinist who worked from home. She had no fixed hours and used a sewing machine provided by her employer. She had to do enough work to make it worth while for the collection driver to call. He collected completed garments and supplied materials for the next batch

Autoclenz Ltd v Belcher Belcher was a car valeter He signed a contract with A Ltd. which provided:  He was under no obligation to provide his services  He could use a substitute  Co. deducted money from his wages to pay for cleaning materials In reality he was required to work when requested and a substitute was not accepted.

Agency workers Mrs. James had worked for the council for 5 years, obtaining the post through an agency. The council made a payment to the agency for her services She did not receive sick pay or holiday pay If ill she was replaced by another worker When dismissed she claimed an implied contract of employment with the council