|
Parasol PAYE umbrella company
Over 32,000 satisfied contractors. Get paid quicker. Call 0800 5836000 |
Please note that the case detailed in this article was subsequently referred to the EAT in November 2009, with the original decision being reversed. Tilson was subsequently found to be an independent contractor after all.
A recent Employment Tribunal has found in favour of a limited company sub-contractor, who successfully managed to claim for unfair dismissal against his client as his working practices were seen to be akin to those of an 'employee'.
Andrew Tilson, a sub-contractor, working through his own limited company, took Alstom Transport to an employment tribunal - claiming for unfair dismissal.
Alstom, which operates several underground train services in the capital, claimed that Tilson could not claim for unfair dismissal as he was working via his own limited company, and was not an employee.
However, Tilson's barrister argued that, despite paying his own income tax and NICs, the way the claimant interacted with Alstom at the Golders Green depot was the true indicator of his employment status.
The Tribunal Judge agreed, and said that the close working relationship between the claimant and Alstom Transport demonstrated that Tilson was, in fact, an "employee", and could therefore claim for unfair dismissal under the terms of the Employment Rights Act 1996.
This hearing could have have ramifications for users of sub-contractors in many other industries apart from IT, and is more evidence that the true employment status of contractors can only be derived from the true working practices they follow, rather than the wording of any contracts they have in place, or the company structure they work under.
You can read Phil Richards' analysis of what this case means for contractors here.
| Our Partners |
|
Parasol PAYE umbrella Award winning service |
|
Contractor Accountants Full Service, Fixed Fee! |
|
Free Umbrella Company Save over £1400 p.a. |
|
ClearSky Accounting From £95 per month |
|
Fixed Fee Accounting Contractor Specialists |
|
Umbrella4Contractors Low fees, same day setup |
|
Free IR35 / Tax Review Call ICS - 0800 195 3750 |
|
Umbrella Co. Solutions Only £19.95 per week |
|
PRINCE2, MSP & M_o_R Maven Training |
| Contractor Insurance |
|
Hiscox Office Insurance Instant Online Quote |
|
IR35 Insurance Essential Protection |
|
Income Protection If you're unable to work |

| Contractor Services |
|
Compare Insurance Deals PI & Business Liability |
|
Contractor Ltd Company Instant online formation |
|
IT Contractor Pensions The last great tax break |
|
Private Medical Insurance Tailored contractor cover |
|
IT Contractor Mortgages Based on hourly rates! |
|
Protect Your Income Get a PHI quote |
|
IT Contractor Life Cover Protect your dependants |
|
Critical Illness Cover Comprehensive cover |
| IT Contractor Guides |
|
Contractor Umbrella Umbrella Co. Advice |
|
Recession Tips Contractor crunch tips |
|
Security Clearance Is it discriminatory? |
|
Contractor Rates Latest rate news |
|
IR35 Factors Are you caught by IR35? |
|
Corporation Tax IT Contractor Guide |
|
Contractor Expenses What can you claim? |
|
Contractor Insurance Guide to contractor cover |
|
IT Contractor Banking Business bank accounts |
|
Contractor Life Cover Contractor protection |
|
IR35 Insurance Tax investigation cover |
|
Contractor PI Insurance IT contractor cover |
|
Umbrella Companies Links to key providers |
|
IR35 Compliance Is your contract caught? |
|
Critical Illness Cover Guide for contractors |
|
IT Contractor CV Classic CV mistakes |
Stay up to date with our RSS feed | Terms of Use | About Us | Directory | Site Map | MSC Legislation | Income Shifting
Copyright © 2006-9, Contract Eye Limited, All Rights Reserved.
UK Contractor Guides, Contractor Accountants, Umbrella Companies, IR35, Insurance, Contractor Mortgages
Design by Blue Egg Web Agency