A court should not infer that a person is an employee not an independent contractor only because he or she does not appear to be running a business. The tribunal should have applied the definition from the 1976 Regulations which defined a self employed person as some employed ‘otherwise than under a contract of services or apprenticeship.’
Citations:
[1988] IRLR 461
Statutes:
Employment Protection (Consolidation) Act 1978 55 81(2)(b) 91(2), Conduct of Emp[loyment Agencies and Employment Buisnesses Regulations 1976 (1976 No 715) 1 9(4) 9(6)(a)(I)
Jurisdiction:
England and Wales
Cited by:
Cited – Brook Street Bureau (UK) Ltd v Dacas CA 5-Mar-2004
The applicant cleaner sought compensation for unfair dismissal. The issue was whether she was an employee of the respondents, of their client where she did her work, or was not an employee at all. She worked for an agency, who sent her out to . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 30 April 2022; Ref: scu.227041
