December 2013 Archive

Hands-off management does not preclude an employment relationship

The degree of control exercised by an engager has been a long-standing factor in determining employment status. In the recent case of Troutbeck SA V White & Anor [2013] the Court of Appeal has ruled that the absence of actual day-to-day control does not preclude an employment relationship. Instead, a much broader review of any agreement between the parties and the circumstances is required. This emphasis on taking “a step back” echoes the ruling in Autoclenz Ltd v Belcher [2011].
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