Employment Status in UK Law

Leading Cases
  • Gunton v Richmond-upon-Thames London Borough Council
    • Court of Appeal (Civil Division)
    • 03 Julio 1980

    If the only real redress is damages, how can its measure or scope be affected according to whether the contract is regarded as still subsisting or as at an end? To preserve the bare contractual relationship is an empty formality. The difference is fundamental, for there is no legal substitute for voluntary performance.

    I do not think it follows, however, from the rupture of the status of master and servant, or principal and agent, that the contract of service, or the contract of agency, has been terminated by the wrongful act of the master or the principal, what has been determined is only the status or relationship.

  • R (RJM) v Secretary of State for Work and Pensions
    • House of Lords
    • 22 Octubre 2008

    Other acquired characteristics are further out in the concentric circles; they are more concerned with what people do, or with what happens to them, than with who they are; but they may still come within article 14 (Lord Neuberger instances military status, residence or domicile, and past employment in the KGB).

  • Stringfellow Restaurants Ltd v Nadine Quashie
    • Court of Appeal (Civil Division)
    • 21 Diciembre 2012

    But there are some circumstances where a worker works intermittently for the employer, perhaps as and when work is available. There is in principle no reason why the worker should not be employed under a contract of employment for each separate engagement, even if of short duration, as a number of authorities have confirmed: see the decisions of the Court of Appeal in Meechan v Secretary of State for Employment [1997] IRLR 353 and Cornwall County Council v Prater [2006] IRLR 362.

    However, whilst the fact that there is no umbrella contract does not preclude the worker being employed under a contract of employment when actually carrying out an engagement, the fact that a worker only works casually and intermittently for an employer may, depending on the facts, justify an inference that when he or she does work it is to provide services as an independent contractor rather than as an employee.

  • Tiffin v Lester Aldridge LLP
    • Court of Appeal (Civil Division)
    • 11 Julio 2012

    That is because in law an individual cannot be an employee of himself. Nor can a partner in a partnership be an employee of the partnership, because it is equally not possible for an individual to be an employee of himself and his co-partners (see Cowell v. Quilter Goodison Co Ltd and Q.G. Management Services Ltd [1989] IRLR 392). The statutory hypothesis which the subsection requires in order to answer that question is that A and the other members of the LLP 'were partners in a partnership'.

  • Bates van Winkelhof v Clyde & Company LLP and another (Pubic Concern at Work intervening)
    • Supreme Court
    • 21 Mayo 2014

    Second, within the latter class, the law now draws a distinction between two different kinds of self-employed people. One kind are people who carry on a profession or a business undertaking on their own account and enter into contracts with clients or customers to provide work or services for them. The other kind are self-employed people who provide their services as part of a profession or business undertaking carried on by some-one else.

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Legislation
  • Immigration Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... services, facilities, licences and work by reference to immigration status; to make provision about the enforcement of certain legislation relating ... connection with prohibition orders made under section 3A of the Employment Agencies Act 1973,(b) any function of an officer acting for the purposes ... ...
  • The Immigration (European Economic Area) Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... worker, involuntary unemployment duly recorded by the relevant employment office,must be treated as periods of activity as a worker or self-employed ... ;relevant period means(a) in the case of a person retaining worker status under paragraph (2) (b) F19or self-employed person status under paragraph ... ...
  • Education Act 2011
    • UK Non-devolved
    • 1 de Enero de 2011
    ... ... period in any prescribed circumstances;(b) as to periods of employment which are to count towards the induction period;(c) as to the number of ... EA 2002 is amended as follows.(2) In section 132 (qualified teacher status) , omit subsection (3) (consultation of GTCE) .(3) In section 134 ... ...
  • Equality Act 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ... ... —(a) in the arrangements A makes for deciding to whom to offer employment;(b) as to the terms on which A offers B employment;(c) by not offering B ... a civil partnership, or for some other reason due to A’s family status, a comparison for the purposes of this section of the effect of that ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • Employment Status Checker
    • JD Supra United Kingdom
    HMRC has published an employment status checker so that employers can check whether the IR35 legislation on intermediaries and ‘disguised employees’ will apply to a particular engagement. The tool ...
  • Determining Employment Status
    • JD Supra United Kingdom
    In Capita Translation & Interpreting Limited v Siauciunas [2017] UKEAT 0181_16_2302, the Employment Appeal Tribunal (EAT) considered the employment status of an interpreter. Mr Siauciunas was ...
  • Employment Status
    • Mondaq UK
  • Employment Status
    • Mondaq United Kingdom
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Forms
  • Form EX105
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... Contact telephone number ... Relationship status ... Married/Civil Partnership ... Dependants ... The people who you look ... including court references ... Employment status ... Unemployed ... If employed, please state ... your occupation ... ...
  • Give a record of evidence (individual debtor)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... dependant? ... Printed on behalf of The Court Service ... Employment Status ... self employed? ... unemployed? ... Go to section 3 ... Go to ... ...
  • Financial statement for a variation of an order for a financial remedy
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... 1. Personal details ... First names ... Marital status ... Date of birth ... 2. Dependents (People you support financially) ... responsibilities on a ... permanent basis) ... 3. Employment ... employed as a ... self employed as a ... unemployed ... a pensioner ... ...
  • Form COP44A
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... Benefits (question 8) Page 4 ... Status (question 9) Page 4 ... Financially dependent children (question ... • Income-related Employment and Support Allowance (ESA) ... • Income Support ... • Universal ... ...
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