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Employed or self employed? That is the question

  • Oct 17, 2011
  • Reading Time: 1 mins
employment law

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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