United Kingdom Homecare Association
The professional association for homecare providers

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Self employed live-in careworker found to be employeeSelf employed live-in careworker found to be employee

If an individual has to carry out the work personally, the law suggests they are an employee or a worker, rather than a self employed contractor who may provide a substitute. However, the Employment Appeal Tribunal (EAT) decision of Chatfield-Roberts v Phillips & Universal Aunts Limited, concerning a live in careworker, found that substitution in limited circumstances was not a bar to a worker being an employee.

Briefing by Anthony Collins Solicitors LLP which comments that the language used is important. Referring to 'salary' and 'employment' also supported the finding that the careworker was an employee.

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UKHCA News ID: 234994

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