Solicitors Brent

What is the difference between an employee and independent contractor?

The law treats employees and independent contractors differently. It can be difficult to decide the true nature of such relationships and the Tribunal/court will consider the substance and practicalities of the relationship over and above any contract agreed between the parties. In other words, a contract that states there is an independent contractor relationship is not conclusive. In cases of dispute, the Tribunal/court will determine the appropriate status of the relationship by considering a number of factors. Some of these will be considered more important than others. Examples of relevant factors are:

• who provides the tools for the job;
• the level of skill required for the job;
• who controls the work and the work product;
• whether the work is performed on the business premises;
• the duration of the relationship between the parties;
• the ability to delegate or sub-contract the work;
• whether the hired party has discretion over how long and when they work;
• whether any insurance or benefits are provided to the hired party;
• whether expenses are reimbursed;
• whether the parties have a written agreement defining the status of the hired party
• the method of payment

Are claims available based on bullying at work and/or harassment?

Your employer is responsible legally for the actions of staff, sometimes even if the employer was unaware of such actions, . This is known as vicarious liability. An action is also possible against the individual(s) who may have been harassing you.

The employer may also be liable if appropriate action has not been taken once a complaint has been made.

Bullying and harassment can be physical and/or verbal behaviour and can be communicated in a number of ways such as text messages, emails, verbal and physical communication. The following are examples of bullying and/or harassment:

• verbal abuse or comments
• staring, touching  comments or leering in a sexual way
• offensive gestures
• aggressive physical behaviour

Do I qualify for redundancy?

If you have over two years’ continuous employment, the company is closing down a place of work, or ceasing or diminishing the particular work undertaken by you, then you have a right to redundancy payment if made redundant.

I feel I am being treated badly at work, is there anything which I can do?

If you feel so ill-treated that you feel you can no longer work there, you may resign and claim constructive dismissal. You can then sue your employers for unfair dismissal.

Should you feel ill-treated on the grounds of race, religion, sex, sexual orientation, pregnancy or disability, you may also sue your employer for discrimination.