
The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
Individuals are fighting for employment status and its benefits (paid holiday, right to National Minimum Wage etc.) in roles that do not necessarily fit long-established employment models. Whilst much of the coverage in the press has been about the status of delivery and taxi drivers, the issues relating to employment status are by no means limited to these industries.
Earlier this year we looked at the case of the self-employed carer who, despite being able to get someone else to perform her role when she was absent, was held to be an employee. You can find our e-briefing on this, here. More recently, a tribunal held that a peripatetic music teacher is a worker employed by one of the schools they teach in. We also covered this case in an e-briefing, that can be found here.
Employment status; what have we learnt?
Employment status; what’s in the future?
And finally…Lorraine Kelly!
Even Lorraine Kelly, the queen of morning chat, has been embroiled in the employee status debate. Not surprisingly, her issue was not whether she is entitled to National Minimum Wage and paid holidays, but rather whether she had to pay a tax bill of circa £1mllion; is she an employee of ITV or a self-employed performer?
The tribunal concluded that Ms Kelly was, in fact, a self-employed performer – her love of all things breakfast and chat was merely an act! ITV did not exercise sufficient control over her, and hence she was not their employee.
The tests as to whether an individual is self-employed, a worker or employee, for tax purposes, are not identical to those used to assess employment rights, although there are marked similarities. The Government has announced that it wants to bring the tests nearer together to make it easier, but there’s nothing on the horizon as yet.
For more information on this article, please contact Alice Kinder.
The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
Changing charitable purposes and amending governing documents.
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Family team partner, Elizabeth Wyatt, is delighted to congratulate Kadie Bennett for attaining Resolution Specialist Accreditation in both children law - private and complex financial remedy matters.
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