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When someone carries out work are they self-employed, a worker or an employee? It appears to be a simple question, but the answer can be complex and requires an excellent working knowledge of the relevant legal principles.
We guide businesses on all aspects of status. From the outset it’s important to consider carefully how to engage individuals in a way which is appropriate for both parties, with a well-drafted contractual framework in place. Beyond the agreement, companies need to know how to act in practice to reduce the risk of a costly dispute. However, if a dispute does arise, we are well-versed in defending status claims to the best interests of our clients.
We also represent individuals who, as part of a claim for paid holiday or redress against unfair treatment, can often find that the determination of their status is the first – or sometimes even the only – hurdle they have to overcome.
Unlike some employment specialists, we are pleased to represent both individuals and businesses. It means that we maintain an excellent working knowledge of the tactical, legal and commercial considerations which are important on both sides of the table. It is this rounded expertise which means we are formidable advisers to both employer and employee.
Unauthorised deductions from wages: Mendy v Manchester City Football Club Limited
‘Fire and Rehire’ – Tesco v. USDAW in the Supreme Court
Preventing sexual harassment of employees – the “New Duty”