VL: EMPLOYMENT RELATIONSHIP? (Other contractual provisions)

Question 1

Massey v Crown

Answer 1

Facts?
Massey set himself up as a company, changed employment status with his work from contract of employment to contractor relationship.

Principle? Need to emphasise consistency between contractual labels and reality of the relationship.

Question 2

AutoClenz Ltd v Belcher

Answer 2

SC confirmed written terms of agreement are starting point but focus should be on actual legal obligations on the parties.

Question 3

Warner Holidays v Secretary of State for Social Services

Answer 3

• Non-exhaustive list of points court should consider in determining economic reality of particular relationship.
• Level of control
• Provision of tools and equipment
• Salary
• Tax/NI/PAYE
• Bearing risk of profits/losses – likely to be employee
• Integration within organisation
• Control over hours of work
• Right/ability to do other work (Argent v Minister of Social Security → actor who taught part-time in school held to be self-employed – did not have to teach if offered acting job).
• How parties described relationship i.e. labelling (above)