An employee who is paid a quarterly 'exclusivity' payment can be an employee, the Employment Appeal Tribunal (EAT).
The claimant, an accountant, had a long work relationship with the respondents until that relationship deteriorated and came to an end in 2017, when she brought claims for unfair dismissal, age discrimination, holiday pay, failure to provide a statement of written particulars of employment, harassment and victimisation.
The Employment Tribunal heard that, in April 2011, an arrangement was agreed whereby the claimant began to receive quarterly payments of £1,000 for working 'exclusively' for the respondent, and it determined that, from that date, the claimant became an employee.
The EAT held that the ET did not err in law in approaching its task of weighing up the factors for and against employment or self-employment.
