BCA Logistics Ltd v Brian Parker & Ors
The Employment Tribunal's finding that the substitution clause was not genuine and did not reflect the true agreement between the parties was based on credible evidence, practical realities, and the absence of any actual use of substitutes over 25 years. The Tribunal did not err in law by its treatment of witness evidence or substitution interactions, and its conclusion that the claimants were 'workers' was rational and inevitable.
Source excerpt
- Worker status
- Personal service
- Substitution clause
- Employment rights
- Minimum wage
- Working time