Work in Banking? Don't worry about the blanket ban you were probably inside all along

[Lockhouse]

It just goes to show what a lottery it can be if it goes to the commissioners.

[cannon999]

164. During the course of a contract Nationwide had the right, albeit not exercised, to direct
where Mr Lee worked and to require him to work a professional day. Mr Lee had in practice
a considerable degree of operational and personal autonomy but was subject to overarching
controls primarily concerned with Nationwide’s need as a highly regulated business to
monitor the progress of the relevant project consistent with Mr Lee being a highly skilled
employee. However, Mr Lee could not be moved to a different project without his consent.

I think that's a big one. If you are 9-5er to be always on site for years then you are an employee. He was clearly under control.

[northernladuk]

I think that's a big one. If you are 9-5er to be always on site for years then you are an employee. He was clearly under control.

Only the last sentence of that comes close to proving he's an employee, and it's still arguable in this case.

[eek]

Only the last sentence of that comes close to proving he's an employee, and it's still arguable in this case.

The Professional working day one is a nice catch though - gives me an excuse to shift to hourly rates (as used to be the case years ago).

[northernladuk]

The Professional working day one is a nice catch though - gives me an excuse to shift to hourly rates (as used to be the case years ago).

Yeah.. but IMO, in isolation they are bordering on insignificant in a case. Easy to argue professional courtesy to be in when your client/stakeholders are around.

In a three sentence post like his with a conclusion he's an employee because of it, it's virtually wrong.

[dsc]

What the hell is a professional day?

Also, I personally love the fact that if you say that you work remotely then this isn't a big deal as permies are allowed to do this as well. If you don't work remotely, then you are a permie.

[northernladuk]

What the hell is a professional day?

Professionals will know.. Don't you worry about it.

Also, I personally love the fact that if you say that you work remotely then this isn't a big deal as permies are allowed to do this as well. If you don't work remotely, then you are a permie.

What?

Want another beer?

[dsc]

What?

Just trying to highlight the fact that whatever actions you try to take to prove lack of SDC they will ignore it, but if you don't bother with those actions they will use that against you.

[gnarledcontractor]

Indeed. But looking at the facts here you couldn't blame them for not taking this on under their reasonable chance of win clause.

It also means other PMs at Nationwide and maybe other banks may find the insurance they have thinking it's keeping then safe suddenly isn't worth the paper it's not written on.

There could be a lot of fall out from this beyond the guy losing.

Similarly, it also probably means that any insurance that Joe contractor has (including the IPSE offering and QDOS) is not worth the paper is written on as well.

[northernladuk]

Similarly, it also probably means that any insurance that Joe contractor has (including the IPSE offering and QDOS) is not worth the paper is written on as well.

Gnarly!!