Labour & European Law Review
08 March 2017
The conciliation service, Acas, has published updated guidance on the different types of workplace employment arrangements – employee, worker and self-employed - and the legal entitlements that flow from them.
When trying to decide the employment status of an employee as opposed to a self-employed contractor, the First-Tier Tax Tribunal held in Dhillon and Dhillon Partnership v The Commissioners for HMRC that tribunals must avoid a “checklist approach”.
The Employment Appeal Tribunal (EAT) has held in Taylor v Ladbrokes Betting and Gaming Ltd that when considering whether a condition is progressive, the issue for tribunals is not the “reasonable conduct” of the disabled person, but whether their condition is “likely” to result in them having an impairment which has the required substantial adverse effect on their ability to carry out normal day to day activities.