At Hattin Solicitors our lawyers specialise in Employment Law. One of the first considerations is to establish whether there was a contract of employment.
Not all persons who perform work for others are employees and some are in fact independent contractors who work under a contract for service.
It is important to distinguish between the two as only employees are entitled to present claims for unfair dismissal, wrongful dismissal or redundancy payments.
However certain employment rights are not limited to employees and also extend to “workers” These rights include protection from things such as discrimination.
The Employment Tribunal will consider the overall picture when considering whether someone is an employee. Among matters that may be relevant to consider as to whether the person is an employee are:
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How is the individual paid?
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Who pays tax and National insurance?
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Who provides the tools and equipment?
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How integral to the business is the individual’s role?
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Is the individual paid for sickness and holiday?
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Is the individual subject to the disciplinary and grievance policy?
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Is the individual a member of a company pension scheme?
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Where does the economic risk lie?
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How did the parties view the relationship at the outset?
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How was the arrangement terminable?
Contact us on 020 8664 6600 to arrange a consultation so our expert lawyers can advise you on your employment matter.
