||All England Reporter
|| All ER (D) 88 (Aug)
||Employment Appeal Tribunal
||Amy Stroud (instructed by O H Parsons & Partners Solicitors) for the claimant.
||Mark Taylor (instructed by Accountax Employment Law Ltd, Milton Keynes) for the respondent.
||3 July 2009
Employment - 'Worker' - Contract to perform work or services personally - Claimant's contract with defendant containing substitution clause - Whether substitution clause a sham - Whether claimant 'worker' - Working Time Regulations 1998, SI 1998/1833, reg 2(1).
Employment 'Worker'. Employment Appeal Tribunal: The employment judge had erred in deciding that the employee was a worker within the meaning of reg2(1)(b) of the Working Time Regulations 1998, SI1998-1833 and in failing to consider whether the substitution clause in the contract in question properly reflected the intention of the parties.
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