Subcontractor Support Group

In Carmichael v National Power plc [1999] ICR 1226, the issue concerned casual guides who worked when required.

The House of Lords considered not only the written documents but also the way the arrangement operated in practice.

Key finding

Where the written document does not contain the complete agreement, the Tribunal may examine spoken discussions and the parties’ conduct.

Lesson

Your legal status may be proved through:

• messages;

• rotas;

• instructions;

• payment arrangements;

• actual expectations; and

• what happened when work was offered or refused.

The written contract is not always the whole agreement.