important distinction between employee and a self-employed person

courts will always look at the actual relationship between the parties

one of the key factors looks at the amount of control over the individual also whether they have to work the hours they are given.

TIP – companies should always ensure their agreements reflect the reality of their working relationship with every individual.  

Employees and workers have more rights than the self-employed.

Ms Gorman’s case is significant, not least because it is evidence that the courts will disapply any written agreement that is not consistent with the way the relationship is conducted,

it’s what happens in practice that matters not what is written on paper.

sham contracts for a number of reasons: one being to avoid paying tax and NI.