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Employment status: Express contractual terms specifying self-employment did not reflect terms agreed

This report relates to 1 case(s)

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    Autoclenz Ltd v Belcher and others [2010] IRLR 70 CA (1 other report)

    • Autoclenz Ltd v Belcher and others

      Date:
      19 October 2009

      The Court of Appeal has upheld an employment tribunal decision that a group of car valeters were employees despite the existence of a written agreement that described them as independent contractors and that allowed them to substitute others to carry out their duties. The written agreement did not accurately reflect the agreement between the parties, and the requirements for an employment contract were satisfied.

In Autoclenz Ltd v Belcher and others [2010] IRLR 70 CA, the Court of Appeal held that a group of car valeters were employees, despite the fact that their written contracts with the valeting company stated that they were independent contractors, and contained clauses allowing "substitution of labour" and the "right to refuse work".