Spencer Keen explores Autoclenz & the unique status of employment contracts
It has become increasingly difficult for a company, which engages an individual to provide a service, to avoid assuming the sorts of obligations which have only previously been owed to employees. Increasingly, traditional employment rights, such as the right to holiday pay, are being given to workers who are not employed in the normal fashion (most recently, by the Agency Worker Regulations 2010 (SI 2010/93) which are due to come into force next month).
Reliance on written terms
To what extent can an employer rely on the express written terms of a contract to limit his exposure to these sorts of statutory protections and to reduce his costs, tax obligations or other potential liabilities?
Where a legislative right is afforded to a worker or employee (such as the right to paid holidays under the Working Time Regulations 1998 (SI 1998/1833) (WTR)) can a person be deprived of that benefit simply because the contract under which he is working expressly denies
