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Law for Business

Knowhow - guidance - precedents

11 SEP 2012

Independent financial advisers and unfair dismissal

In considering whether independent financial advisers were employees for the purposes of unfair dismissal legislation, an employment judge looked at the relevance of FSA compliance.

Johnson-Caswell v MJB (Partnerships) concerned whether the claimant was self-employed or was an employee of MJB. In particular, MJB was responsible for ensuring compliance with FSA rules. The judge held that MJB had exercised a high enough degree of control over the claimant for him to be fairly called an employee. The fact that it did this because of obligations imposed by the FSA was irrelevant.

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