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Autoclenz Ltd v Belcher
''Autoclenz Ltd v Belcher'' () (UKSC 41 ) is a landmark UK labour law and English contract law case decided by the Supreme Court of the United Kingdom, concerning the scope of statutory protection of rights for working individuals. It confirmed the view, also taken by the Court of Appeal, that the relative bargaining power of the parties must be taken into account when deciding whether a person counts as an employee, to get employment rights.
==Facts==
20 car valeters, including Mr Paul Huntington and Mr Belcher, worked for Autoclenz Ltd in Measham, Derbyshire. Autoclenz Ltd had contracted with British Car Auctions Ltd (BCA) to provide valeting services. The valeters engaged by Autoclenz claimed holiday pay and pay at the rate of the national minimum wage. They had each signed contracts describing them as self-employed. Paul Huntington worked full-time from 1991 until the hearing before the Employment Tribunal (and thereafter) except for a few weeks working for a competitor in 2002 and 2003. In 2007 Autoclenz Ltd invited the valeters to sign new contracts, purportedly clarifying that they were sub-contractors and not employees, that they must provide their own cleaning materials, that there was no obligation to provide services to Autoclenz and nor did Autoclenz have any obligation to offer work to the valeters. Furthermore, there was a term that a valeter could provide a suitably qualified substitute. Autoclenz made a 5% charge for materials, and a charge for insurance. The individuals wore the BCA logo on uniforms for security reasons. Autoclenz contended that the individuals were not 'workers' for the purposes of the statutory definitions of that term in the Working Time Regulations 1999 and the National Minimum Wage Act 1998.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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