Airbus Jockey
In his summing up of Readymix Concrete(South East) Ltd v Minister of Pensions and National Insurance, MacKenna J stated:
“Clause 30 of the contract declares him to be an independent contractor.
It may be stated here that whether the relation between the parties to the contract is that of master and servant or otherwise is a conclusion of law dependant upon the rights conferred and the duties imposed by the contract. If these are such that the relation is that of master and servant, it is irrelevant that the parties have declared it to be something else.”
The decision goes on further to clarify what constitutes a master servant relationship and provides a test for same.
Further reading on the subject is Montgomery V Johnson Underwood Ltd [2001] IRLR269.
I reiterate: as a contract pilot you are an employee.
As such you are entitled to certain “statutory” rights. The set up between contract companies and the airlines they tout for is a generally successful, (by pilot default), device designed to mask obligations of the employer to the detriment of the employee.
Some contract companies go further and use international companies legislation to defraud the taxation department’s of their respective governments.
All in all a wholly disreputable bunch of thieves and rouges who with a few exceptions should not be trusted, and if at all possible avoided.
Caveat Emptor
BTW. I have been a contract pilot for the past 12 years and have never seen a contract, as you describe, that quotes a total fee or what the contract company gets. All that I have seen give a net figure to the pilot, thats it. In my experience the compannies are very shy about revealing such detail. That of course is not to suggest that you are bullshifting, but it is obvious we have been looking at different contracts
Tac On