Staff can be proved employees even if their contract says otherwise

Mordsley, Barry; Davies, James
January 2010
People Management;1/14/2010, p32
The article focuses on whether tribunals should adopt a purely contractual test, or a reality test, in determining employees' status according to the case Autoclenze versus Belcher and others filed in Great Britain. It details the reason why a worker can also be an employee. The Court of Appeals has ruled that tribunals did not have to find an intention to mislead to displace a written agreement.


Related Articles

  • LAW NEWS.  // People Management;11/13/2008, Vol. 14 Issue 23, p59 

    This article reports that the employment appeals tribunal (EAT) in Great Britain has ruled that organisations are entitled to require that an employee working their notice period takes any accrued annual leave. Because the procedure for the notice period was spelled out in the contract, the EAT...

  • Holiday pay.  // Credit Management;Aug2010, p42 

    The article reports on the decision of the Employment Tribunal (ET) in a case of Rawlings versus Direct Garage Door Co. Ltd. that an employee who was off sick for more than a year before leaving his company will be entitled of payment for his full holiday entitlement upon resignation.

  • Employment.  // Lawyer;3/19/2012, p14 

    The article focuses on the British court case Eddie Stobart Ltd v. Moreman & Ors, which dealt with employment law in Great Britain.

  • Rynda (UK) v Rhijnsburger. Buckle, James; Hurst, Gerri; Parkinson, Joelle; McAvoy, Chris; Samuel, Helen // Employers Law;Nov2013, p9 

    The article reports on the litigation "Rynda (UK) v Rhijnsburger," in Great Britain where the Employment Appeal Tribunal (EAT) held that a claimant employee transferred to the company as part of a service provision change.

  • IN BRIEF.  // Employers Law;Nov2013, p8 

    The article offers news briefs related to various litigations involving labor laws in Great Britain including guarantee payments, constructive dismissal and frustration doctrine.

  • STOP PRESS.  // Employers Law;Mar/Apr2010, p8 

    This section presents news briefs related to court decisions on labor cases in Great Britain compiled as of March 2010 which include the Court of Appeal's ruling that it was fair to hold the Birmingham Archdiocese of the Roman Catholic Church liable for sexual abuse of a boy by one of its...

  • Perspective: Introduction of tribunal fees could be a costly business. Newman, Darren // Employers Law;Nov2011, p10 

    The author presents his views on the plan of the British government to introduce fees for claimants bringing tribunal claims. He comments that the planned fee system would be more onerous than the one applying to equivalent county-court claims as many of the claims are for very small sums of...

  • TRIBUNAL ROUND-UP.  // Employers Law;Nov2013, p6 

    The article reports on various complains and litigations filed at the employment tribunal in Great Britain. In "Austin v West Sussex County Council," the plaintiff resigned from West Sussex County Council over the way that it handled a complaint of sexual harassment made against him. Another...

  • Osaba v Chief Constable of the Hertfordshire Constabulary. Buckle, James; Hurst, Gerri; Parkinson, Joelle; McAvoy, Chris; Samuel, Helen // Employers Law;Nov2013, p9 

    The article reports on the litigation "Osaba v Chief Constable of the Hertfordshire Constabulary," in Great Britain concerning age discrimination of a police officer.


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics