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Greater clarification needed on "worker status" says a Watford Employment Tribunal

October 15, 2020

Greater clarification needed on "worker status" says a Watford Employment Tribunal

An employment tribunal is seeking clarification from the European Court of Justice (ECJ) on the proper interpretation of the “worker” classification under EU law – particularly around the gig economy.

A driver believes he is a "worker" and therefore entitled to "employment rights" and not self-employed as categorised by the hirer, because he did not make use of the right to substitution in his contract.

If the ECJ provides clarity for the definition in this case, it could throw further challenges into the mix for engagers.

Currently worker status under UK law may not be compatible with EU law. It has asked the ECJ whether the fact that an individual has the right to engage “substitutes” to perform all or part of their work means they cannot be considered a worker under the Working Time Regulations 1998.

This demonstrates the complexities that engagers face when determining IR35 status from April 2020. Getting good and practical advice is key,be informed and not panicked.

To read the full article, click here https://www.personneltoday.com/hr/tribunal-judge-seeks-worker-status-clarification-from-eu/

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