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.
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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