IP, Technology & Data

Our employment law colleagues over on EmploymentBlog have blogged on a recent Court of Appeal decision upholding a claim by a self-employed individual that he was actually an employee of the company. Notably, the individual’s contract with the company (a hospital) expressly stated that he was a self-employed contractor.

The decision will be of particular interest to organisations that use self-employed IT contractors. It’s clear that organisations cannot just rely on a contractual statement to create a customer/contractor relationship, but instead need to look at the facts and circumstances surrounding the individual’s appointment. The blog sets out a three part test used to determine the individual’s status.

Read the blog: A decision to make your hair stand on end? When is a self employed individual really a worker?

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Martin Sloan

Partner at Brodies LLP
Martin is a partner in Brodies Technology, Information and Outsourcing group and has wide experience of advising clients on technology procurement and IT and business process outsourcing projects. Martin also advises on data protection (including the GDPR), and general technology and intellectual property law, and has a particular interest in the laws applying to social media and new technology such as mobile apps, contactless/mobile payments, and smart metering.
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