Can the right to use a substitute be consistent with employee status?

There are around seven million carers in
the United Kingdom in 2019 – and that figure is estimated to increase by 3.4
million by 2030. That is a 60% estimated increase in just over ten years’ time.
A recent case involving a live-in carer with over three years’ service explores
the issue of determining employee status for non-traditional work relationships,
and confirms that the right to use a substitute does not always preclude an
individual from having employment status.

Historically, the law has been clear in confirming that an unfettered right to appoint a substitute is not consistent with employee status. However, Catfeild-Roberts v Phillips & Universal Aunts Limited, an Employment Appeal Tribunal judgment of this month, serves as an example of where this is not always the case.