Clear term

Case 13: The facts

Mr Lanksford, a van driver, started work as an employee with a contract of employment. Following a TUPE transfer, his new employers decided that they wanted all their drivers to work on a self-employed basis.

Lanksford had been off sick for some weeks; when he returned, he was asked to sign documents confirming his new self-employed status. This meant that he had the right to arrange for substitutes (although in practice he never did), had to provide his own vehicle, and was paid gross rather than net.

When his contract was later terminated, Lanksford claimed unfair dismissal; to do so, he had to prove that he was an employee. He said that, even if he had accepted the new contract, this had been under duress.

The ruling

The Employment Appeal Tribunal (EAT) noted that there was no evidence of duress. More significantly, the contract terms setting out Lanksford's self-employed status were clear, giving the tribunal no scope to find anything other than that he was self-employed.

Lanksford v (1) Business Post (2) Mintwall UKEAT/0128/04