The Importance Of Personal Performance In Determining Worker Status

The recent Employment Tribunal case of Mr S O'Eachtiarna and others v CitySprint (UK) Ltd acts as a reminder of the importance of written contractual terms in determining employment status.

Background

In the 2017 case of Dewhurst v CitySprint UK Ltd, a cycle courier engaged by CitySprint was found to be a worker, despite his contract describing him as a self-employed contractor. Where an individual is assigned 'worker status' for employment law purposes, they are neither employed nor self-employed, but sit between the two. Workers are entitled to certain employment rights, including 5.6 weeks' paid holiday per year. CitySprint updated their contractual terms and conditions in November 2017 following this judgment, as for the purposes of its business model it prefers couriers to be self-employed.