Welcome to our monthly newsletter, with a summary of the latest news and developments in UK employment law.
In this issue:
Case law updates
Employment status: When analysing whether an individual is an employee, it is a well-established principle that the written contractual terms are not determinative and that the issue should be considered holistically whilst also considering the reality of the relationship between the parties. A recent Employment Appeal Tribunal (EAT) decision considered this issue further in circumstances where the claimant (purportedly engaged as an independent contractor) argued that the written terms should not be the starting point for analysis. The EAT provided clarity that the starting point should always be the words of the statute (section 230(1) of the Employment Rights Act 1996) and that in circumstances where there is no dispute that the written contractual terms reflect the intention and reality of the relationship, no further enquiry will be needed. However, where it is alleged that the written terms do not accurately reflect the intention or reality, wider considerations should be looked at. It would be wrong to disregard the written terms completely, but also not wrong for them to have been considered at the outset in the context of a wider analysis of the relationship. (Ter-Berg v. Simply Smile Manor House Ltd)
Flexible working: A recent EAT decision is a helpful...
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