NMWM04120 - Status: determining the status of a worker: examples of court judgments
»Ê¹ÚÌåÓýappre is no definitive list of factors to consider when investigating the status of a worker and each case has to be considered on its own merits. »Ê¹ÚÌåÓýapp issue of whether a person is a worker or not can only be ultimately determined by the courts/employment tribunal. It is however sometimes helpful to examine tribunal judgments which have considered status to gain a view of some of the issues that were considered important.
»Ê¹ÚÌåÓýapp following summaries of cases involve judgments which have considered the question of status of workers for National Minimum Wage purposes. »Ê¹ÚÌåÓýappse summaries are provided as background information only and, as only partial information is provided, they should not be used as the sole basis for resolving an investigation.
| Manual Page | Case Name |
|---|---|
| NMWM04130 | Flett v Matheson [2006] EWCA Civ 53 - Apprentices on Government arrangements (modern apprenticeships) |
| NMWM04140 | Byrne Bros. v. Baird & Ors (EAT/542/01) - Sub-contractors in the construction industry |
| NMWM04150 | National Minimum Wage Compliance Officer of the Inland Revenue v Mr T Hewitson and Mrs A Hewitson t/a Executive Coach Catering Services (ECCS) (EAT/489/01) - Workers undertaking a business on their own account |
| NMWM04160 | Edmonds v Lawson & Anor [2000] ICR 457, Court of Appeal (10 March 2000) - Training contract/contract of apprenticeship |