The complex issue of employment status has been considered again, this time in Johnson-Caswell v MJB (Partnership) Ltd. The issue was whether the training and supervision of a worker necessary to comply with FSA regulations results in a degree of control sufficient to mean there is an employment relationship.
Mr JC’s contract as an independent financial advisor stated that he was self employed and he also had discretion about the way he worked and how he was paid. Those factors still did not outweigh the “control” aspect of employment status, which in this case was held to be significant because of the need to comply with FSA requirements. This could have significant implications on FSA and other regulated sectors where there is a need for businesses to ensure compliance.
