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