Understanding your employment status is paramount for determining your employment rights. Most people fall into two categories; employed or self-employed. An employee can be in multiple forms such as a worker, employee, agency with a self-employed person being an individual employed under a contract to provide a service.
The legislation regarding this is established in the actual control and mutual obligation held between the individuals’ relationship. Primarily employee status is tested by looking at the degree of control those providing the written terms have over the individual, coupled with their obligations.
The case of Ready Mixed Concrete (South East) Limited v Minister of Pensions and National Insurance [1968] investigated the elements of the working relationship to try to provide some guidance on the issue of employed or self-employed. This has been more recently tested and updated by the case of Pimlico Plumbers Limited and Another v Smith [2017].
It is considered that where there is uncertainty as to the employment relationship, you should try to look behind the terms as this does not always accurately reflect the relationship in practice. Simply because a written agreement is in place which suggests an individual is self-employed does not mean that the person will be exempt from employment protection under employment law as an employee.
With offices in Leicester and Market Harborough we are willing to discuss your employment law claim at any of our offices. In addition we are a national provider of expert employment law advice and welcome a free discussion with you regarding you circumstances and potential claim. If you believe you have a situation where you require free legal advise, please contact us on telephone 01162121000 or 01858445480.
If you want to see us face to face, we run four employment law walk-ins each week at our offices in Leicester and Market Harborough and this initial meeting with you is FREE of charge. We’ll look at your paperwork and advise on the best course of action. We can also meet with you digitally on Teams if you’re in another part of the country, in fact, we advise individuals on their employment legal needs right across the UK.
From settlement agreements, to redundancy, dismissal and disability and other types of employment dispute situation, we’re on hand to support and advise you. Please get in touch as soon as you can, as deadlines might apply.
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Evidence of our great client service can be seen in the reviews and testimonials we regularly receive. We are always pleased to receive great reviews because it means our clients are happy with the service we provide, and it shows that we deliver on our core values, we don’t just talk about them. We really welcome client feedback and hope you enjoy reading some of the latest testimonials throughout this website.
