Case report round-up: Supreme Court holds tribunals may look beyond written agreement to determine true nature of agreement

XpertHR's latest case reports cover:

Employment status: Tribunal may look beyond written agreement to determine true nature of agreement In Autoclenz Ltd v Belcher and others [2011] IRLR 820 SC, the Supreme Court held that the employment tribunal was entitled to find that a written contract between a car valeting company and its valeters stating that the valeters were independent contractors did not reflect the true agreement between the parties. The valeters had the legal status of employees. (Employment Review)
Equal pay: Preservation of higher pay after TUPE transfer was genuine material factor In Skills Development Scotland Co Ltd v Buchanan and others EATS/0042/10, the EAT held that the employment tribunal erred in rejecting the employer’s genuine material factor defence to the effect that a difference in pay had been caused by the protection of the man’s pay following TUPE transfers. The tribunal had upheld the defence in respect of part of the claim, and had not found it to be a sham or pretence. (Employment Review)

Also

Was this article helpful?