Exclusive
by Philip
The EAT has handed down yet another decision on the definition of employee. In summary the issue was whether a Tribunal is entitled to look outside the contractual documentation to establish the terms. In this case the Tribunal were looking at contractual documentation purporting to be a contract for services rather than of service (ie Employment). Because the contract did not say that the terms were the exclusive record of the terms of engagement, the Tribunal were entitled to look outside the written contract to establish what the terms were. In this case, despite the contractual documentation, the Tribunal found employment status. In order to minimise the risk of any contractor subsequently being found to be an employee you should ensure the contractual documentation states unequivocally that the contract is an exclusive record of the terms of engagement.
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