The Supreme Coourt recently handed down its decision in Autoclenz v Belcher a case about employment status. Were car valeters really self employed as stated in their contract.
The Tribunal said no.
The EAT said yes.
The Court of Appeal said no.
The Supreme Court said no.
Uppermost in the Supreme Court’s mind was the need for Tribunals to find out what the parties respective legal obligations were. These obligations could be evidenced in the written contract but also could be evidenced in how the contract was performed.