UK Mail Ltd v Creasey - workers and the unfettered right of substitution

A totally unfettered right of substitution - even if it is never exercised - will preclude an individual from being either an employee or a worker.

Mr Creasey was engaged as a van driver for UK Mail. He commenced employment tribunal proceedings and a Pre-Hearing Review (PHR) was held to determine whether he was an employee. However, Mr Creasey conceded that he was not an employee, so the question became whether he was a "worker".

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