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employment law

Employed or self employed? That is the question

It seems that employment law is one area in which courts will not rely upon the written contract to find the intentions of the parties involved.  In a recent case in which workers argued they were employees and not self-employed, despite what the contract said, the judges said that the contractual documents bore no relation to the reality of the relationship.  But if you’re hoping all of a sudden to be able to argue your way out of contract on this basis, think again.  The judgment was limited to situations where there is a dispute as to the genuineness of a written term in a contract in which case the courts must discover the actual legal obligations.  The tax man will be pleased! (Google Autoclenz v Belcher for more.)

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