27 May 2016
Secretary of State for Justice v Windle and another [2016] EWCA Civ 453, [2016] All ER (D) 120 (May)
The Court of Appeal in allowing the secretary of state’s appeal, held that, in considering a claimant’s employment status, the ultimate question had to be the nature of the relationship during the period that the work was being done. However, it did not follow that the absence of mutuality of obligation outside that period might not influence, or shed light on, the character of the relationship within it. Its relevance would depend on the particular facts of the case, but to exclude consideration of it in limine ran counter to the repeated message of the authorities that it was necessary to consider all the circumstances.
