Employment Status in UK Law

Leading Cases
  • Gunton v Richmond-upon-Thames London Borough Council
    • Court of Appeal (Civil Division)
    • 03 July 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 October 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 December 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.

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

  • Secretary of State for Trade and Industry v Bottrill
    • Court of Appeal (Civil Division)
    • 12 February 1999

    Even if it had been possible to come to a different conclusion, we are far from satisfied that could be provided by the simple test which the Employment Appeal Tribunal in Buchan and Ivey was looking for. The facts of the present case illustrate that whether or not there is a controlling shareholder may not, by any means, be clear cut. The facts of the present case illustrate that whether or not there is a controlling shareholder may not, by any means, be clear cut.

See all results
Legislation
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... wages or salary arising under a contract of employment, so far as relating to a period of employment before or during the ... presented against the debtor before the determination date, the status of the proceedings in relation to the petition and whether the person who ... ...
  • Immigration Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... make provision about, access to services, facilities and employment by reference to immigration status; to make provision about marriage and ... ...
  • Immigration Act 2016
    • UK Non-devolved
    • January 01, 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 ... ...
  • Deregulation Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... 2015/1732, art. 2(a) ... 2: Removal of employment tribunals' power to make wider recommendations ... (1) In section 124 of ... this section may be revoked.(A5) English apprenticeship agreements: status(1) To the extent that it would otherwise be treated as being a contract of ... ...
See all results
Books & Journal Articles
See all results
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
See all results
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 ... ...
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT