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Is this a load of balls?

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    #11
    An ex contractor could take the company to company to an EAT. They would have to prove they were an actual employee - extremely unlikely but not impossible.

    Look up:

    O'Murphy v HP (he lost - wasn't an employee)
    Muscat v C & W (he won - but this had some very unusual circumstances).

    The definition of worker within the employment regulations is predictably different than that used in taxation.

    The bottom line is an engager could cause someone to become their employee for purposes of employment protection, or taxation, or discrimination. It is very unlikely, but not impossible.

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      #12
      Pretty sure my contract expressly states that the intention is not to create an employer/employee relationship.

      I'm pretty sure I'd fail if I were to try and get employment rights at a court.
      ‎"See, you think I give a tulip. Wrong. In fact, while you talk, I'm thinking; How can I give less of a tulip? That's why I look interested."

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        #13
        Originally posted by Moscow Mule View Post
        Pretty sure my contract expressly states that the intention is not to create an employer/employee relationship.

        I'm pretty sure I'd fail if I were to try and get employment rights at a court.
        I think all my contracts have stated words similar to that but it really depends which rights you (or your family)* where trying to claim.

        Neither the client or you can override certain health and safety, and discrimination legal duties regardless of how the client words the contract or what you agree to.

        Certain laws are specifically written so there is no escape clause on how you engage someone or how they provide services for you in the UK if you are a company. (Do a search on here for discrimination and pregnancy for an example.)

        *If unfortunately the worst happened then it would be your family claiming under those laws.
        Last edited by SueEllen; 20 May 2010, 22:09.
        "You’re just a bad memory who doesn’t know when to go away" JR

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