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... but the contract says!

The precise definition of ‘worker status’ continues to remain unclear.

The recent ECJ case of The Sash Window Workshop Ltd and another v King highlights the consequences of unintended and accrued liability for mis-categorising a worker as self-employed.

In this case, where the worker (self-employed) was ultimately deemed to be entitled to 13 years back-pay for untaken but accrued annual leave, despite what the contract said.

Employers - Simply giving staff a contract saying “self-employed” is not the end of the matter.

The contract must match the reality of the day-to-day working practice.

If it walks like a duck, quacks like a duck and meets the legal test for being a duck - then irrespective of being labelled a goose - it's a duck.

So - give yourself another resolution and do an audit of your contracts which, in the end of the day - could help mitigate risks.

If you employ bank staff, contractors or have zero hour contracts get in touch today. 0777 37 666 93.

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