In the case of Autoclenz v Belcher and Ors, the claimant and 19 others were engaged by A Ltd to provide car valet services at a client site in Derbyshire. In their individual contracts with A Ltd, each valet was described as a ‘subcontractor’ and ‘self-employed independent contractor’. The valets nonetheless lodged tribunal claims seeking a declaration that they were either ‘employees’ or ‘workers’ for the purposes of claiming unpaid wages and holiday pay.
The tribunal found that the claimants were actually employees of A Ltd, despite the existence of contractual clauses negating personal performance and mutual obligations. The court said that when considering whether the words of the written contract represent the true intentions or expectations of the parties, all the circumstances of the case need to be taken into account.
For more information on this or any other similar issue, please contact Tony Hyams-Parish by emailing Tony or by calling him on 01293 558544, or speak to your usual contact in the Employment Team
This document is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from taking any action as a result of the contents of this document.
