A Supreme Court judgement has found that workers engaged as car valeters by Autoclenz were in fact employees and not self-employed as Autoclenz had contended.
The case was brought by a group of car valeters engaged by Autoclenz in an attempt to show that they were employees. Autoclenz claimed that a substitution clause in the workers contracts, which obliged the individuals to provide a substitute to perform the cleaning services when they themselves were unable to, meant that the individuals were self-employed.
The Supreme Court confirmed that these clauses were not a true reflection of the reality of the situation and that in fact no genuine right of substitution existed. They therefore concluded that the individuals were working under contracts of employment.
This case could have implications for other employment status cases. We will keep you informed of developments.
Internet link: Supreme Court ruling
Posted – 21/11/2011