lambden_henlryrfcEAT2009
EAT CONTRACT OF EMPLOYMENT: Whether established
The Claimant was a part time Rugby Coach. The Employment Tribunal found that he had freely elected to be paid as an independent contractor though a limited company he acquired for the purpose, rather than on a PAYE basis. He rendered invoices subject to VAT for a gross fee for coaching services rendered by him. The E.T. found that certain factors in the relationship between the Claimant and Respondents were more consistent with employment as opposed to self employment or were neutral; these included the following; (a) the provision of a car and credit card; (b) the Claimant’s autonomy in playing matters; (c) the Claimant was found to be under the Respondents’ control; (d) the Claimant received holiday pay; (e) the Claimant was paid a fixed sum regardless of the number of hours he worked; (f) the Claimant worked a substantial number of hours. The ET correctly directed itself as to the law and concluded that the Claimant’s course of conduct during the period in question was incompatible with his being in an employment relationship, because he had freely chosen to conduct the relationship on the basis that he was an independent contractor. The Employment Tribunal had not made an error of law and its characterisation of the relationship between the parties as not being an employment relationship could not be faulted.
[2009] UKEAT 0505 – 08 – 2905
Bailii
Citing:
Cited – Ready Mixed Concrete Southeast Ltd v Minister of Pensions and National Insurance QBD 8-Dec-1967
Contracts of service or for services
In three cases appeals were heard against a finding as to whether a worker was entitled to have his employer pay National Insurance contributions on his behalf which would apply if he were an employee. He worked as an ‘owner-driver’
Held: The . .
Cited – Amalgamated Engineering Union v Minister of Pensions and National Insurance QBD 1963
The plaintiff claimed benefits after an injury to a member while riding his motor cycle in the course of the performance of his duties as a ‘sick steward’ of the union. The applicant, who was an employee of a public corporation, had become a sick . .
Cited – Massey v Crown Life Insurance Company CA 4-Nov-1977
Massey worked as Crown Life’s manager under 2 contracts, one a contract of employment, the other a contract of general agency. Tax and other contributions were deducted from wages paid under the former, while commission was paid under the agency . .
Cited – Carmichael and Another v National Power Plc HL 24-Jun-1999
Tour guides were engaged to act ‘on a casual as required basis’. The guides later claimed to be employees and therefore entitled by statute to a written statement of their terms of employment. Their case was that an exchange of correspondence . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 11 November 2021; Ref: scu.346602
