Employment Status

Questions of employment status are often determinative of a claim, but may be both legally and factually complex.

Littleton barristers have developed niche expertise, having acted in many of the leading cases on employee and worker status as this area of law has developed.

Key "employment" status cases include:

  • Montgomery v Johnson Underwood [2001] ICR 819
  • James v Greenwich London Borough Council [2008] ICR 545 
  • Consistent Group v Kalwak [2008] IRLR 505
  • Dragonfly Consulting v Revenue & Customs Comissioners [2008] STC 3030 and Weight Watchers (UK) Ltd v Revenue & Customs Commissioners [2011] BTC 1895 in relation to employment status for taxation purposes

 Key “worker” status cases include:

  • Byrne Brothers v Baird [2002] IRLR 96
  • Redrow Homes Limited v Wright [2004] IRLR 720
  • James v Redcats [2007] IRLR 296

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.