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Secret weapon
Impact of the Uber decision on the intentions of the parties
Key points
- Freedom of contract is a well-respected doctrine in the UK courts.
- Some rights enjoyed by employees are extended to workers.
- The intended meaning of the contract between Uber and its drivers.
- In Christa Ackroyd the tribunal in effect said the parties’ intentions were irrelevant to the case.
- From IR35 cases it seems there is a class of persons who are not employees but look like employees.
They still had before them the idol... They still knelt down and worshipped it but they concealed under their cloaks a secret weapon. They used it to stab the idol in the back.’ (Lord Denning Master of the Rolls George Mithcell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1982] EWCA Civ 5).
So long as there has been a difference...
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