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An individual working on a series of separate assignments is found to be an employee

David Reid
10th Aug 2012

In jugement delivered two weeks ago the EAT has confirmed that a casual worker working under a series of discrete contracts for the same company can, in certain circumstances, be classified as an employee.

In this case, the individual worked on an assignment by assignment basis for the company for around five years. Each assignment could be terminated by either side at any time. However, the EAT found that this fact did not mean that there was no contract in existence during an assignment. The matter which then had to be determined was whether this was a contract of employment or a contract for services. This issue was remitted back to the Employment Tribunal to determine.

 

The full EAT case can be found here.

(Case name: Drake v Ipsos Mori UK Ltd UKEAT/0604/11)

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