Many of our customers rely heavily on sub-contractors, treating them as independent operatives for employment and tax purposes. The heady world of employment legislation affords many of these operatives the benefit of ‘worker’ status where such operatives are entitled to 28 days paid leave per year, the national minimum wage and protection from unlawful discrimination and pay deductions.
The Court of Appeal, in its latest sitting on the much publicised Uber case, has decided that the taxi drivers are workers and entitled to the associated rights because they demonstrated a strong degree of subservient control to respond to customer requirements when they had their Uber app switched on.
The mechanisms for control that result in ‘worker’ status varies from industry to industry, but if there is a fair degree of control over an operative in the way that they work, then it is likely that they will benefit from ‘worker’ rights and protection and tax payment inquiry. Ultimately business owners and employers could be at further financial risk as this area of employment law continues to evolve and where operatives are becoming much more aware of their rights.
We have expertise in this area of law, which affects many construction businesses. Have a free consultation with one of our employment law team on 03456 122 144, and get some peace of mind.