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Employment Status during Individual Assignments

Was a telecommunications engineer (engaged under a Contract for Services) an “employee” during each individual assignment (of which there were typically 5-12 per day)?

In Jones v MJ Quinn Integrated Services Limited, Daniel Tatton-Brown QC and Charlene Ashiru (instructed by Hill Dickinson LLP) successfully persuaded the EAT that the Employment Tribunal had erred in law in answering that question in the affirmative.

In remitting the matter to be determined by the Employment Tribunal, HHJ Hand QC made some interesting comments regarding Ready Mixed Concrete, Express and Echo Publications Ltd v Tanton and “the current state of the law” with regards to consideration of the express terms in the written contract and the issue of control. A link to the judgment can be found HERE.

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