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24 March 2017 / Spencer Keen
Issue: 7739 / Categories: Features , Employment
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No passport to Pimlico

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The plumbing company is the latest employer to be put in its place over the employment status of its workers, says Spencer Keen

  • It is not enough to rely on an isolated provision in a contract that, on its own, might indicate that a person was self-employed rather than a worker.
  • The increase in alternative methods of employment mean it is harder to rely on a drafting technique to define the real relationship between the parties.
  • Understanding how the contract functions in the context of the client’s business is vital in today’s gig economy.

The law provides that there are three categories of employment status: the self-employed who are generally regarded as being in business on their own account and control their own activities; the employed who work under employment contracts and are subject to the direction of their employer; and workers who work under a contract to provide their services personally.

The distinction between these three types of worker is not always clear. What is clear however is that, in times of austerity, more and more employers are attempting to structure

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Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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