Lessons To Be Learned From Dentist's Unfair Dismissal Case

The issue of employment status is a perennially challenging subject across all sectors, with many employers preferring to go down the self-employed route which can bring greater flexibility and fewer rights for workers, despite the well-known risks of a challenge either by the individual or tax authority. All too often employers wrongly believe that by having a robust contract in place it will protect them, yet they fail to consider the true nature of the relationship, which is probably the most critical component in determining the status of an individual. This issue has been a hot topic in England and Wales in the context of so-called "Associate Dentists", and the recent case of Lorna Taylor v (1) Alexia Hewett (2) Brian Hewett (3) A D Hewett Dental Practice (judgment dated 9th December 2015) has sought to provide some guidance on this issue within the Isle of Man.