Autoclenz Ltd v Belcher

The Supreme Court heard an appeal from Autoclenz Limited against the decision of the Court of Appeal that the claimants were workers under the National Minimum Wage Regulations 1999 and the Working Time Regulations 1998. The claimants were car valeters who provided services to Autoclenz. The car valeters had entered into written contracts with Autoclenz that described them as self-employed sub-contractors. The claimants argued that they were workers under the Regulations and were entitled to the minimum wage and paid leave. The key issue for the Court was whether the claimants were workers under the Regulations. The Court considered whether the claimants were working under a contract of employment or under any other contract whereby they undertook to do or perform personally any work or services. The Court found that the written contracts did not accurately reflect the true agreement between the parties and that the claimants were obliged to provide personal service and perform work offered by Autoclenz. The Court concluded that the claimants were workers under the Regulations as they were working under contracts of employment. The Court dismissed Autoclenz's appeal.