A recent case in the long line of many regarding employment status has gone before the courts. However, this one addressed the issue of what a contract states versus what actually happens in reality.
Specifically. this case addressed the issue of whether an individual, who is expressly described as a self-employed contractor in his contract, is really a 'worker'.
Daniel Barnett's Employment Law Bulletin reports:
If it looks like an employee and quacks like an employee, it's probably not a self-employed subcontractor. So say the Supreme Court in the long awaited decision of Autoclenz Ltd v Belcher.
In many cases, the new penalties will be less than what would be charged now. In particular, for new CIS contractors, there will be an upper limit to some of the penalties that are charged. This upper limit will apply when new contractors first send a monthly return, if that return and any other monthly returns that are sent at the same time, are late.