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Equestrian Businesses Need to Check Worker Status- 02/02/2010
A leading equine lawyer is warning the Shropshire equestrian industry to check the employment status of its workers following a court ruling.
Charlotte Charlesworth-Jones, a Shrewsbury solicitor specialising in equine and employment legal matters, says that many workers in the county’s highly labour intensive equestrian industry are classed as self-employed, but according to the Court of Appeal, they may actually be employees, and therefore entitled to all the employment rights and benefits of an employee.
“This ruling could have far reaching consequences, as the equestrian industry is by nature highly labour intensive requiring stable hands, grooms, instructors, riders and yard managers, and many employers are unaware of the exact status of their workers and their legal entitlements,” says Mrs Charlesworth-Jones, who works for Shropshire law firm FBC Manby Bowdler LLP.
The ruling in the case of Autoclenz Ltd v Belcher and others, where a group of car valeters claimed to be employees rather than sub-contractors, found that even when there is a contract stating that workers are not employees, this was how they were treated and acted on a day-to-day basis.
This was because Autoclenz controlled the manner in which the valeters did their work, the rate they were paid and the materials they used. The contracts were not negotiated and the valeters had no say in the hours they worked or terms upon which they performed.
“Although this ruling concerned the car valeting business, it has widespread implications for the equestrian industry,” states Mrs Charlesworth-Jones.
“Whether or not a worker is an employee depends on the nature of the relationship between him and his employer. Establishing the employment status of workers has implications for health and safety compliance, vicarious liability and employment protection, as well as for taxation, so it is important that both parties are clear as to status.
“Even a casual worker may be classed as an employee and is therefore entitled to benefit from employment rights, including minimum wage, notice periods, holidays, maternity/paternity rights, and sick pay.
“Employers need to ensure that they have recruitment and retention policies in place which comply with discrimination legislation and policies which deal with discipline, grievance and bullying in the workplace.”
FBC Manby Bowdler offers a comprehensive legal service covering not just employment but all aspects of equine, rural and agricultural law from its offices in Shrewsbury, Telford, Bridgnorth, Wolverhampton and Willenhall.