Labels & Recent cases
Can you re-label?
- Commitment without the obligation?
- Label given by one or both parties may be irrelevant
- Label may be a consideration within the test above i.e. the “other factors”
- Key to ‘Employee v Contractor’ test will be:
- Contract terms (if contract exists)
- Overall factual matrix
Recent Cases of Mis-labelling
Autoclenz v Belcher 2011 SC:
Car valeters found to be employees, not self-employed contractors
Hospital Medical Group v Westwood 2012 CA:
GP with part-time role as hair-loss surgeon found to be worker
Bates van Winkelhof v Clyde & Co LLP 2012 EAT:
LLP equity partner (not solely remunerated by profit share) was worker