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.
On August 1, 2012