Title

Autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, vel illum dolore eu feugiat nulla facilisis at vero eros et dolore feugait

Tag Archive

Employee, worker or self-employed? Comparing status and rights

The statutory definitions of the three categories of employment status have long been criticised as being unclear, and over the years a body of case law interpreting these definitions has grown up. Despite this, it remains difficult to set out a definitive list of criteria to allow employers or employees to determine whether an individual’s status is that of employee, worker or self-employed.

Read More

New rules for IR35 and off-payroll working from 6 April

After postponements in 2019 and 2020, the 6 April 2021 is the third date scheduled for the off-payroll working rules to be extended to the private sector. The purpose of the change is to increase compliance with tax rules known as IR35. This change has implications for:

  • medium and large private sector organisations using contractors and freelancers;
  • contractors and freelancers who provide their services through an intermediary, such as a personal services company; and
  • agencies supplying contractors who provide their services through an intermediary.
Read More

3 Things We Learnt In Law This Week (20 December 2018)

Olympic Cyclist Jess Varnish Claims Sex Discrimination Against UK Sport and British Cycling

Jess Varnish is suing UK Sport and British Cycling for unfair dismissal and sex discrimination in a case which could transform the entire funding landscape of Olympic and Paralympic sport.

Varnish, who cycled alongside Victoria Pendleton at London 2012, was dropped from the British Cycling programme before the Rio Olympics in 2016.

She alleged bullying and discrimination, specifically that then technical director Shane Sutton said her bottom was “too big” to ride certain roles on the team and that she should go off and “have a baby”.

Varnish will challenge the employment status of athletes who are supported by grants from UK Sport, the national funding body.

Read More

Seasonal Workers: Key Contractual Issues for Employers

In sectors such as hospitality, tourism, retail and agriculture, seasonal peaks can bring an influx of work at certain times of the year. A common solution for employers in these sectors is to recruit additional employees during these periods. Below we set out the key contractual considerations for employers to bear in mind when hiring seasonal employees.

Read More

Update on ‘Gig Economy’ Case Law and Developments

Welcome to the new modern work structure: the gig economy. Where temporary positions are prevalent, freelance work is the norm and organisations contract with individuals on a short-term basis. In this article we will explore the high-profile tribunal cases of 2017 which have kept the ‘gig economy’ making headline news. 

Read More

The Spring Budget 2017: IR35 and Public Sector Contractors

Some, or most of you will recall that the government introduced IR35 in 2000 to stop ‘disguised employee’ i.e. self-employed individuals, who fundamentally share the characteristics of an employees, working under a limited company to benefit from the tax breaks. 

Whether IR35 achieved the aim that the government set remains debateable. However, in this spring’s budget the government took a step further and confirmed from 6 April 2017, in the public sector only, IR35 status will be determined by the client, not the contractor. 

If a client decides that IR35 applies, the contractor business will be taxed at source, through the Real Time Information (RTI) system, exactly as if it were an employee. While the tax position would be the same as that of an employee, unfortunately, the benefits won’t as the contractor will not be entitled to sick or holiday pay, nor will they have the right to claim unfair dismissal.

Read More

Employment status: self-employed, employee or worker?

Employment status always seems to rear its head from time to time.  The latest case to hit the headlines concerns the taxi hire firm Uber, with some of its drivers pursuing an Employment Tribunal claim stating they are workers with employment rights rather than self-employed, as Uber alleges.  Whilst we await the outcome, it serves as a prompt reminder that employment status can be somewhat confusing for both employers and employees.

Read More

Are GP’s employees, workers or self-employed?

When you are a professional, as the term suggests, you have obtained the required standard of knowledge and/or experience in a certain field to be able to charge for your services. How one goes about charging for that service, whether via direct employment, contracting for services or being self-employed, is more diverse in today’s skills marketplace than ever.

In the medical sphere in particular, the construction of how one goes about getting paid for all that hard work can sometimes cloud the issue as to one’s employment status, something it is important to be certain of if problems arise.

Read More

Employee or not Employee: That is Always the Question

The question of an individual’s employment status is one often put to us as Employment Lawyers, and one which always requires a fair few questions being posed in return to establish whether the relevant person is an employee, a worker or none of the above. It is a question that crops up in a number of sectors, often with Tradesmen and in particular the fields of dentistry and optometry.

Read More