Autoclenz Ltd v Belcher and others [2011] UKSC 41, [2011] All ER (D) 251 (Jul)
Supreme Court, Lord Hope DP, Lord Walker, Lord Collins, Lord Clarke and Lord Wilson SCJJ, 27 Jul 2011
In determining whether a person is a “worker” within the meaning of reg 2(1) of the National Minimum Wage Regulations 1999 (SI 1999/584) (which adopted the definition in s 54(3) of the National Minimum Wage Act 1998), and of the Working Time Regulations (SI 1998/1833), the essential question is what are the terms of the agreement, taking into account the relative bargaining power and all the circumstances of the case, of which the written agreement is only a part.
Thomas Linden QC and Patrick Green (instructed by Pinsent Masons LLP) for the appellant. Timothy Brennan QC and Peter Edwards (instructed by Thompsons Solicitors) for the respondents.
The appellant was a company which provided car cleaning services to motor retailers and auctioneers at a number of different places. The respondents were 20 individual valeters who at the material time provided car cleaning services at one of the sites. They brought proceedings before
