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Employment Status

Speaker: Alex Adamou
Chambers: 33 Bedford Row

Alex is an Employment and Commercial Barrister at 33 Bedford Row, who joined Chambers following completion of his first six at a Commercial Chambers in London. Whilst there Alex assisted other members in advising clients on various aspects of Commercial and Civil Law.

Here Alex provides an update on different statutory definitions for employees and workers, highlighting three main categories: employee, worker and self-employed independent contractor. There are important distinctions between these categories, with certain legal rights only being enjoyed by those who are employees, having significant implications for employment cases. Alex provides useful examples of case law to reveal the ways in which these definitions operate.

Key words/topics:

Employment Status
Self Employment
Employees
Freelancers
Sole Traders
Agency Workers
Autoclenz Ltd v Belcher and others [2011] IRLR 820 (SC)
Employment Rights Act 1996
Uber BV v Aslam [2021] UKSC 5
Ter-Berg v Simply Smile Manor House Ltd and others [2023] EAT 2
White and another v Troutbeck SA [2013] UKEAT 0177/12
Mutuality of obligation
Ready Mixed Concrete (South East) Limited v the Minister of Pensions and National Insurance [1968] 2 QB 497
Brook Street Bureau (UK) Ltd v Dacas [2004] IRLR 358
Statutory vs contractual interpretation
Sejpal v Rodericks Dental Ltd [2022] EAT 91
James v Greenwich Council UKEAT 0006/06/1812
Substitution
King v Sash Window Workshop Ltd (C-214/16) EU:C:2017:914
Zero Hours Contracts