Self Employed in UK Law

Leading Cases
  • 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.

    The Court held, following Lawrie-Blum v Land Baden-Wurttemberg ( Case C-66/85) [1987] ICR 483 that "there must be considered as a worker a person who, for a certain period of time, performs services for and under the direction of another person in return for which he receives remuneration" (para 67). However, such people were to be distinguished from "independent providers of services who are not in a relationship of subordination with the person who receives the services" (para 68).

  • Hashwani v Jivraj
    • Supreme Court
    • 27 Julio 2011

    The essential questions in each case are therefore those identified in paras 67 and 68 of Allonby [2004] ICR 1328, namely whether, on the one hand, the person concerned performs services for and under the direction of another person in return for which he or she receives remuneration or, on the other hand, he or she is an independent provider of services who is not in a relationship of subordination with the person who receives the services.

  • R (Edwards) v Environment Agency (No. 2)
    • House of Lords
    • 16 Abril 2008

    But the discretion must be exercised judicially and in most cases in which a decision has been found to be flawed, it would not be a proper exercise of the discretion to refuse to quash it. Both the nature of the flaw in the decision and the ground for exercise of the discretion have to be considered. In Berkeley, the flaw was the complete absence of an EIA and the sole ground for the exercise of the discretion was that the result was bound to have been the same.

  • Percy v Church of Scotland Board of National Mission
    • House of Lords
    • 15 Diciembre 2005

    The fact that the worker has very considerable freedom and independence in how she performs the duties of her office does not take her outside the definition. Judges are servants of the law, in the sense that the law governs all that they do and decide, just as clergy are servants of God, in the sense that God's word, as interpreted in the doctrines of their faith, governs all that they practise, preach and teach.

  • Massey v Crown Life Insurance Company
    • Court of Appeal (Civil Division)
    • 04 Noviembre 1977

    An arrangement between two parties to put forward a dishonest description of their relationship so as to deceive the Revenue would clearly be illegal and unenforceable, on the other hand, if their relationship is ambiguous and is capable of being one or the other, then the parties can remove that ambiguity, by the very agreement itself which, they make with one another.

  • R v Secretary of State for Foreign Affairs, ex parte World Development Movement Ltd
    • Queen's Bench Division (Administrative Court)
    • 10 Noviembre 1994

    Leaving merits aside for a moment, there seem to me to be a number of factors of significance in the present case: the importance of vindicating the rule of law, as Lord Diplock emphasised at 644E; the importance of the issue raised, as in ex parte Child Poverty Action Group and Others; the likely absence of any other responsible challenger, as in ex parte Child Poverty Action Group and Others and ex parte Greenpeace Ltd; the nature of the breach of duty against which relief is sought (See per Lord Wilberforce at 630D in ex parte National Federation of the Self-Employed and Small Businesses Ltd); and the prominent role of these Applicants in giving advice, guidance and assistance with regard to aid (See ex parte Child Poverty Action Group and Others at 1048J).

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Books & Journal Articles
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Law Firm Commentaries
  • Employee, worker or self-employed?
    • LexBlog United Kingdom
    In UK employment law a person’s employment status determines both their rights and responsibilities. An individual can be an employee, a worker or self-employed.  Whilst traditionally individuals w...
  • Employed vs Self Employed Status
    • JD Supra United Kingdom
    Mr Conroy, a referee, brought a claim for unfair dismissal against the Scottish Football Association (SFA). The Employment Tribunal agreed with the SFA's argument that Mr Conroy was self-employed ...
  • Employee, Worker or Self-Employed?
    • JD Supra United Kingdom
    In Suhail v Barking Havering & Redbridge NHS Trust UKEAT/0536/13/RN, the Employment Appeal Tribunal (EAT) considered whether a doctor who provided his services to a health care trust through a co-o...
  • UK Government support to self-employed individuals
    • LexBlog United Kingdom
    On 26 March the UK Government announced a package of support to self-employed individuals. The main points of the proposal are: Self-employed individuals can apply for grants of up to 80% of their ...
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Forms
  • Declaration from a party/witness who is self employed and claiming loss of earnings
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
  • Form 5223F
    • HM Courts & Tribunals Service court and tribunal forms
    Jury service forms including the form to make a claim for loss of earnings or benefit.
    ...Certificate of Loss of Earnings ... for self-employed or company directors ... Name of Crown Court ... Juror’s no ... ...
  • Reply to an attachment of earnings application (County Court)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... application ... Claimant (including ref.) ... 3. Employment ... employed as a ... self employed as a ... unemployed ... a pensioner ... a ... ...
  • Reply to an attachment of earnings application (Family Court)
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... Print form ... Application no ... 3. Employment ... employed as a ... self employed as a ... unemployed ... a pensioner ... a ... ...
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