LEGAL SERVICES
FEATURE
A legal ruling on Uber could have far-reaching implications
contract that defines the relationship on a self-employed basis. The authorities are likely to scrutinise the true nature of the relationship between the parties, paying particular attention to the degree of control imposed on the individual by the company on a day-to-day basis. Other factors include whether the individual can substitute
himself or herself for another person to deliver the services and if they are at liberty to turn down work that is offered to them. If they can’t do either of these things, this is a further indication that they may not be self-employed. The case against Uber found that the drivers were
workers, but there is a risk that your workers may in fact be employees. Employees are afforded additional statutory rights such as the right not to be unfairly dismissed and entitlement to a redundancy payment after two years’ continuous service, auto-enrolment into a pension scheme and family-friendly rights (maternity, paternity, etc), subject to qualifying criteria. If your business regularly engages the services of a
flexible workforce – even if they operate through a limited company – now is probably a good time to seek advice from your accountant or an employment lawyer with regard to their status.
business network April 2017
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