Tilson v Alstrom contractor employment judgement reversed

Tilson v Alstrom IR35 case
Tilson v Alstrom IR35 case

Tilson v Alstrom Overturned

Here’s the verdict in the Tilson v Alstrom case.

In July, an Employment Tribunal ruled that a contractor called Tilson was an employee of Alstom Transport. Therefore, this entitled him to all the benefits that an employee gets.

The big point in favour of him getting employee rights was that his contract stated that he was not under Alstom‘s supervision, direction or control.

The Tribunal decided that he was under their control in practice. They said, therefore, that this invalidated the whole contract meaning he could get the same rights as an employee.

Appeals Tribunal

However, the Appeals Tribunal decided that one clause cannot invalidate a whole contract.

They said that all parties had intended him to be an independent contractor during the period that he was there. They said he acted as an independent contractor.

So, this is seen as a victory for contractors who do not want to be deemed as employees.

That came from the Tilson v Alstrom case.