This week's case of the week, provided by Thomas Eggar, covers volunteers and disability discrimination.
The Employment Appeal Tribunal has upheld an employment tribunal decision that a volunteer was unable to bring a claim of disability discrimination against the organisation for which she volunteered when it ended the arrangement.
This week's case of the week, provided by DLA Piper, covers employment status.
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 Protectacoat Firthglow Ltd v Szilagyi  IRLR 365 CA, the Court of Appeal held that a purported contract for services - entered into by the worker as a prerequisite for being given work - was a sham, because it did not represent the parties' true intentions and expectations. The individual was an employee, not an independent contractor.
This week's case of the week, provided by Thomas Eggar, covers controlling shareholders and employment status.
The Court of Appeal had held that there is no reason in principle why a director and controlling shareholder cannot also be an employee.
The Court of Appeal has upheld an employment tribunal finding that an individual was an employee, despite the existence of a services agreement. For such an agreement to be a sham, there is no need for there to be an intention to deceive a third party.
In Redrow Homes (Yorkshire) Ltd v Buckborough and another EAT/0528/07, the EAT held that the real intention behind a contract between Redrow Homes and bricklayers on its construction site was that the bricklayers would personally perform the work. The express provision that there was no personal obligation was a sham. Accordingly, they were "workers" and entitled to holiday pay.
HR and legal information and guidance relating to employment status.