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Old 12th Jul 2004, 16:49
  #34 (permalink)  
FNG
Not so N, but still FG
 
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It is doubtful that flying instructors retained by schools are really self employed, even if classed as such by the school (or even by the Revenue). The description given to a working arrangement by the parties thereto is not conclusive of its legal status. Employment Tribunals are used to seeing through the description attached to a relationship and will find it to be one of employment if that is in reality what it is.

In addition, the working time and minimum wage legislation uses the European concept of a "worker", which is not limited to those traditionally classed as employees. The concept covers, for example, freelance peripatetic music teachers, even though they are ostensibly self employed, and could well apply to some flying instructors.

I would be prepared, in a suitable case, to act pro bono for a deserving instructor owed money by a school.

Last edited by FNG; 12th Jul 2004 at 17:10.
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