Employee, Worker or Self Employed
An ET erred in finding that, in a working relationship which had numerous indicators of employment status and only one in favour of self-employment, that the latter should be determinative of the issue. Self-employment (implicit in the use of the CIS scheme to pay the claimant) was only one of the factors to be considered. Looking at the findings as a whole, and consistent with case law, the only proper conclusion open to the ET was that the claimant was indeed an employee. The case was remitted to the ET for a remedy hearing on that basis.
Citations:
[2022] EAT 148
Links:
Jurisdiction:
England and Wales
Employment
Updated: 17 November 2022; Ref: scu.682476