... but the contract says!
The precise definition of ‘worker status’ continues to remain unclear.
The recent ECJ case of The Sash Window Workshop Ltd and another v King highlights the consequences of unintended and accrued liability for mis-categorising a worker as self-employed.
In this case, where the worker (self-employed) was ultimately deemed to be entitled to 13 years back-pay for untaken but accrued annual leave, despite what the contract said.
Employers - Simply giving staff a contract saying “self-employed” is not the end of the matter.
The contract must match the reality of the day-to-day working practice.
If it walks like a duck, quacks like a duck and meets the legal test for being a duck - then irrespective of being labelled a goose - it's a duck.
So - give yourself another resolution and do an audit of your contracts which, in the end of the day - could help mitigate risks.
If you employ bank staff, contractors or have zero hour contracts get in touch today. 0777 37 666 93.
