A self-employed hairdresser has won her employment tribunal claim for holiday pay, notice pay and redundancy pay after successfully arguing she was effectively an employee rather than truly self-employed. This was due to the level of control her employer asserted over her. Click here to read the full article in the Manchester Evening News.
Control is one of the three factors considered when determining whether an employment relationship exists. The others are personal service and substitution and mutuality of obligations. These collectively are often referred to as the irreducible minimum. Their prevalence suggests that, although all factors must be considered, some are more important than others. At its strongest, this "irreducible minimum" principle means that if any one of the three core areas is not established, there can be no contract of employment. However, this should not be taken as an incontrovertible rule.
Other factors considered when determining whether an employment relationship exists are:
Watch this space for our guide on employment status coming soon!
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Partners Employment Lawyers is not a firm of solicitors. Members or Partners Employment Lawyers are consultants at Excello Law Limited and legal services are provided by Excello Law Limited which is authorised and regulated by the Solicitors Regulation Authority under SRA number 512898 https://excellolaw.co.uk/