JURISDICTIONAL POINTS – Worker, employee or neither An Employment Judge was entitled to find, on the evidence before him, that a live-in carer who had worked for the First Respondent for over 3 years, being paid in full for the limited leave which she took, and having no residence other than the premises in which she carried out her duties, had the status of an ’employee’ notwithstanding that she was paid gross, and paid tax and NI contributions herself.
There are common-sense limits to the ‘intense scrutiny’ which can be applied to a scenario in which neither party had discussed the question of payment for leave and sickness absence, particularly where no sick leave had been taken over the entire period. The Judge’s findings were open to him on the evidence and demonstrated no error of law.
[2018] UKEAT 0049 – 18 – 0409
Bailii
England and Wales
Employment
Updated: 28 November 2021; Ref: scu.632226