Employment Law

Employee or Independent Contractor?

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Employee or Independent Contractor?

In order to understand what employment rights an individual may have it is necessary to consider whether they are correctly classed as an “employee”, “independent contractor” or “worker”.

For many years employers and employees have often sought to characterise their relationship as that of principal and independent contractor. Each party often has convenient tax reasons to do so.

It is often only when something goes wrong that the Tribunal is called upon to adjudicate as to the real nature of the relationship. The issue is important because, for example, rights in relation to redundancy and unfair dismissal accrue only to employees.

Employment Tribunals are accustomed to identifying “shams” and will classify each case on its own facts regardless of any label that the parties may have attached of their own accord. In determining the status of the parties' relationship a number of different tests are commonly applied:-

  1. If an employee is entitled not to attend at the employer's place of work but instead to send a substitute of his choosing, this is not consistent with a contract of employment.
  2. An Employment Tribunal will consider the question of “control”. Who determines how the employee actually does the work in question?
  3. Is the work of the individual integrated into the employer's organisation – or just an accessory to it?
  4. Is the worker really a small businessman – sharing in risk?
  5. Is the employee obliged to turn up to work and is the employer obliged to offer work? This is known as the mutual obligation test and is paramount.

Particular difficulties arise with “agency workers” – those individuals who are employed by an agency but are sent to work for another organisation. The agency workers contract will be with the agency – not the “end user”. Recent case law has held that more usually agency workers do not acquire employment rights against an end user unless the end user is entitled to insist that the agency supplies a particular worker or where the agency arrangement is a clear “sham” or there exists some special verbal agreement or arrangement entitling a tribunal to employ a contract of employment.

Lawson Lewis Blakers are able to provide specialist advice in relation to all areas of employment law including the preparation and termination of contracts for services/employment.

Employment Law- Fixed Fees

INITIAL FREE HALF HOUR APPOINTMENT

This includes:- Attending you for a preliminary appointment to see whether you have a case or can defend a case. Please note that this is for 30 minutes only and does not include advice in writing.


We are able to offer fixed fees to both claimants and respondents in relation to Employment Tribunal claims. Please contact us for specialist advice and further details.

Preliminary Advice

This includes:

Taking instructions (up to 1.5 hours)

Detailed advice letter

 

Fee £250

VAT @20%

TOTAL £300

Employment Tribunal Proceedings

Advising employee on an Acas Early Conciliation Notification (now an essential first step before lodging an employment claim)

 

Fee £200

VAT @20%

TOTAL £240

  

Preparation of a Claim Form ET1 on behalf of an employee

 

Fee £400

VAT @20%

TOTAL £480

  

Preparation of a Claimant's Schedule of Loss

 

Fee £200

VAT @20%

TOTAL £240

 

 Preparation of a Claimant's List of Documents

 

Fee £400

VAT @20%

TOTAL £480

 

Advising an employee in relation to a flexible working request

 

Fee £400

VAT @20%

TOTAL £480

 

 Preparation of contracts of employment and statutory terms and conditions

 

Fee £250 - £400

VAT @20%

TOTAL £300 - £480

  

Preparation of standard disciplinary and grievance procedures

 

Fee £400

VAT @20%

TOTAL £480

 

Drafting and preparation of Respondent’s Response ET3

 

Fee £400

VAT @20%

TOTAL £480

Preparation of Witness Statements

Fee £200 - £400

VAT @20%

TOTAL £240 - £480

Chris Kingham

Solicitor
CONTACT

Quintin Barry

Consultant Solicitor & Notary Public
CONTACT
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Eastbourne
East Sussex 
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