| Autoclenz Ltd v Belcher | |
|---|---|
 | |
| Court | Supreme Court of the United Kingdom |
| Decided | 27 July 2011 |
| Citation | [2011] UKSC 41 |
| Transcripts | Full transcript of judgment and press summary |
| Case history | |
| Prior actions | [2009] EWCA Civ 1046, [2010] IRLR 70 |
| Court membership | |
| Judges sitting | Lord Hope, Lord Walker, Lord Collins, Lord Clarke and Lord Wilson |
| Case opinions | |
| Lord Clarke | |
| Keywords | |
| Contract of employment, zero hours contracts | |
Autoclenz Ltd v Belcher [2011] UKSC 41 is a landmark UK labour law and English contract law case decided by the Supreme Court of the United Kingdom, concerning the scope of statutory protection of rights for working individuals.[1] It confirmed the view, also taken by the Court of Appeal, that the relative bargaining power of the parties must be taken into account when deciding whether a person counts as an employee, to get employment rights. As Lord Clarke said,[2]
the relative bargaining power of the parties must be taken into account in deciding whether the terms of any written agreement in truth represent what was agreed and the true agreement will often have to be gleaned from all the circumstances of the case, of which the written agreement is only a part. This may be described as a purposive approach to the problem.