Questions of employment status are often
determinative of a claim, but may be both legally and factually complex.
Barristers at Littleton have developed niche
expertise, having acted in many of the ground-breaking cases on employee and
worker status as this area of law has developed, including:
- Montgomery v Johnson Underwood
- James v Greenwich London
Borough Council ICR 545
- Consistent Group v Kalwak
- Byrne Brothers v Baird
- Redrow Homes Limited v Wright
- James v Redcats
continue to be at the cutting edge of developments in this area of the law and
appear in a disproportionately high number of the recent, important decisions,
Centres Ltd v Sultan-Darmon IRLR 1024 (concerning the
requirement of mutuality of obligation in a worker contract in addition to the
effect of a contractual right of substitution).
Citizens Advice Bureau  IRLR 146 (concerning the
employment status of volunteers for the purpose of the Equal Treatment
- The President of the
Methodist Conference v Preston  IRLR 646
(concerning the employment status of ministers of religion)
Co LLP  IRLR 641 (concerning the worker status of
- Windleand another
v Secretary of State for Justice  ICR 156 (concerning
the effect of an absence of mutuality of obligation on a contract personally to
- Stack v Ajar-Tec Ltd  EWCA Civ 45 (concerning the
employment status of directors)
- Smith v Carillion Ltd  EWCA Civ 209 (concerning the implication of contracts of
employment between agency workers and end users).
Littleton members are often instructed to
advise clients on drafting contractual documentation and developing good
business practice with a view to avoiding ambiguity over status, as well as to
provide representation when the point is litigated.
Littleton also offer expertise in advising on
employment status for the purposes of Income tax.