In Massey v Crown Life Insurance Co  IRLR 31 CA, the Court of Appeal held that, whilst the parties to a contract cannot alter the truth of their relationship by putting a different label upon it, when it is ambiguous as to whether the employment is under a contract of employment or a contract for services, the terms of an agreement between the parties may be decisive as to what is the legal relationship.
In Ready Mixed Concrete (South East) Ltd v Ministry of Pensions and National Insurance  1 All ER 433 HC, the High Court held that a contract of service existed if three conditions were fulfilled, one of these being that the provisions of the contract should not be inconsistent with its being a contract of service. In this case the rights conferred and the duties imposed by the individual's contract with the company were not such as to make the contract one of service.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.