| 'Self Employed' employment rights to be secured |
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Article provided by TLA 13 October 2009 The Court of Appeal has handed down a landmark ruling this week, meaning it will be more difficult for employers to take away workers’ rights by labeling them as “self employed”.
Valeters working for cleaning company Autoclenz, took their case to the Court of Appeal after they were denied the rights of full time workers, such as holiday pay, minimum wage, and redundancy pay. The court upheld arguments from the workers’ union, Unite, that they were employees and not self employed contractors.
Autoclenz had tried to take away the rights of their members by including clauses in their contracts designed to suggest that they were contractors and not employees. The court upheld that the offending clauses should be disregarded as they did not represent the “true agreement” or the “real bargain” between the two parties.
“This is a significant day for workers’ rights. For far too long too many employers have tried to take away our members’ employment rights. We have always been able to see through these sham arrangements and are pleased that now the Court of Appeal has too,” said Unite Joint General Secretary, Tony Woodley.
Deborah Franks, who acted for Unite members on behalf of Thompsons Solicitors, believes the decision will alter the court’s perception of employee contracts.
“Following this judgement it will be much easier for employment tribunals to look at the reality of the employment relationship and to decide that workers are employees, with all the protections that gives them.”
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