Timothy Brennan QC and Peter Edwards in major employment case in the Supreme Court

Timothy Brennan QC and Peter Edwards have just appeared for the Respondent individuals in the Supreme Court in the case of Autoclenz Limited v Belcher & others. The issue, which is of general importance both in employment law and tax law, is whether a written contract which states that an individual is self-employed and under no obligation to provide services, and which permits the sub-contracting of the provision of services, excludes that individual from the definition of “worker” in the Employment Rights Act 1996, the National Minimum Wage Act 1998 and the Working Time Regulations 1998, having the effect that he is to be treated for all purposes as a sole trader and not as an employee.

The appeal was heard by Lords Hope, Walker, Collins and Clarke and Sir Nicholas Wilson. Judgment will be delivered in due course.

Timothy Brennan QC and Peter Edwards were instructed by Thompsons.

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