Autoclenz v Belcher (2011)

Description

Foundations of Business Law (Employment Law) Flashcards on Autoclenz v Belcher (2011), created by Matthew Fan on 13/04/2013.
Matthew Fan
Flashcards by Matthew Fan, updated more than 1 year ago
Matthew Fan
Created by Matthew Fan over 11 years ago
62
0

Resource summary

Question Answer
Facts D provided car cleaning services to depots and 'contracted' C’s to worked as valets at one depot Contracts provided that C’s would: (i) be self-employed; (ii) pay own NI contributions; (iii) would not become D’s employees. D requires C’s to sign new contracts which provided: (i) the relationship between D and C’s was that of client and independent contractor; (ii) C’s could engage other persons to work on their behalf; (iii) C’s were free to refuse any work provided by D; (iv) D was not bound to provide work
What actually happened? BUT 1. D told C’s how to carry out work 2. D provided cleaning materials 3. D determined rate of pay 4. D required C’s to provide prior notification if they were unable to work. C’s argue that they were employees.
Ruling Per Lord Clarke at [35]: “whether the terms of any written agreement in truth represent what was agreed and the true agreement will often have to be gleaned from the all the circumstances of the case, of which the written agreement is only a part.”
Show full summary Hide full summary

Similar

Employment Law
Matthew Fan
Employment Law B143 WHOLE UNIT
Angela Dickinson
ACAS
jeyhope.ds
Remuneration policies
amy davis
Employee Status
scrubsizmint
Employment Law Quiz
Kane Paul
Other substantial Grounds -for fair dis
sinead250193
Employment Law B143 WHOLE UNIT
Grace Langton
Employment Law B143 WHOLE UNIT
willie burger
Employee Status - created from Mind Map
scrubsizmint