Employment Tribunal Rules Against Rights for Freelancers

The ‘fair and equitable’ decision by the Employment Appeal Tribunal in the case Alstom Transport v Tilson has been welcomed by freelancers and clients alike.

The ruling overturned the original Employment Tribunal in July 2009, which had given Mr Tilson, an independent contractor, the option to claim employment rights (in the form of unfair dismissal) from his client, Alstom Transport.

The original Employment Tribunal’s decision was based on the fact that one particular clause in the contract between the employment business, Morson International, and Mr Tilson’s personal service company, Silversun Solutions Limited, stated that ‘the individual was not subject to Alstom’s direction, supervision or control’. However it was successfully argued that this was not what was actually happening. Therefore, the Employment Tribunal considered the entire contract a sham, thus enabling Mr Tilson to claim the same rights as an employee.

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