11. 'Employee' status and its significance.

Question 1

An employee works under a contract …

Answer 1

of service.

Question 2

An … works under a contract OF SERVICE.

Answer 2

employee

Question 3

An independent contractor works under a contract …

Answer 3

for services.

Question 4

An … works under a contract FOR SERVICES.

Answer 4

independent contractor

Question 5

A full equity partner in a firm (is / is not) an employee.

Answer 5

is not

Question 6

A fixed share equity partner in a firm (is / is not) an employee.

Answer 6

is not

Question 7

When determining employment status, the wording of any contract (is / is not) conclusive either way.

Answer 7

is not

Question 8

The three essential elements of employment: PS*, C, MoO.

Answer 8

personal service

Question 9

The three essential elements of employment: PS, C* (BCR), MoO.

Answer 9

control

Question 10

The three essential elements of employment: PS, C, MoO*.

Answer 10

mutuality of obligations

Question 11

The three essential elements of employment.

Answer 11

Personal service.
Control.
Mutuality of obligations.

Question 12

In applying the multiple test of whether an employment exists, the court will look at the underpinning … of the relationship.

Answer 12

economic reality

Question 13

Factors suggestive, though not essential, for employment:

CP* (SP, HP, DP), TaE, U, UoES, TA, FR (PoL), SE, LoS

Answer 13

contractual provisions

Question 14

Factors suggestive, though not essential, for employment:

CP (SP*, HP, DP), TaE, U, UoES, TA, FR (PoL), SE, LoS

Answer 14

sick pay

Question 15

Factors suggestive, though not essential, for employment:

CP (SP, HP*, DP), TaE, U, UoES, TA, FR (PoL), SE, LoS

Answer 15

holiday pay

Question 16

Factors suggestive, though not essential, for employment:

CP (SP, HP, DP*), TaE, U, UoES, TA, FR (PoL), SE, LoS

Answer 16

disciplinary procedures

Question 17

Factors suggestive, though not essential, for employment:

CP (SP, HP, DP), TaE*, U, UoES, TA, FR (PoL), SE, LoS

Answer 17

tools and equipment

Question 18

Factors suggestive, though not essential, for employment:

CP (SP, HP, DP), TaE, U*, UoES, TA, FR (PoL), SE, LoS

Answer 18

uniform

Question 19

Factors suggestive, though not essential, for employment:

CP (SP, HP, DP), TaE, U, UoES*, TA, FR (PoL), SE, LoS

Answer 19

use of employer’s staff

Question 20

Factors suggestive, though not essential, for employment:

CP (SP, HP, DP), TaE, U, UoES, TA*, FR (PoL), SE, LoS

Answer 20

taxation arrangements

Question 21

Factors suggestive, though not essential, for employment:

CP (SP, HP, DP), TaE, U, UoES, TA, FR* (PoL), SE, LoS

Answer 21

financial responsibility

Question 22

Factors suggestive, though not essential, for employment:

CP (SP, HP, DP), TaE, U, UoES, TA, FR (PoL*), SE, LoS

Answer 22

profit or loss

Question 23

Factors suggestive, though not essential, for employment:

CP (SP, HP, DP), TaE, U, UoES, TA, FR (PoL), SE*, LoS

Answer 23

sole employer, or one of many

Question 24

Factors suggestive, though not essential, for employment:

CP (SP, HP, DP), TaE, U, UoES, TA, FR (PoL), SE, LoS*

Answer 24

length of service

Question 25

Only an … can claim wrongful dismissal.

Answer 25

employee

Question 26

An employer (can / can not) usually be held vicariously liable for the tortious acts of an employee.

Answer 26

can

Question 27

An employer (can / can not) usually be held vicariously liable for the tortious acts of an independent contractor.

Answer 27

can not

Question 28

An (employee / independent contractor) is a preferential creditor in an insolvency.

Answer 28

employee

Question 29

Implications of employee status: WD*, EP, PCoI, IT (EC), EVL for TA, ETAS, NV, SP.

Answer 29

wrongful dismissal

Question 30

Implications of employee status: WD, EP*, PCoI, IT (EC), EVL for TA, ETAS, NV, SP.

Answer 30

employment protection

Question 31

Implications of employee status: WD, EP, PCoI*, IT (EC), EVL for TA, ETAS, NV, SP.

Answer 31

preferential creditor on insolvency

Question 32

Implications of employee status: WD, EP, PCoI, IT (EC)*, EVL for TA, ETAS, NV, SP.

Answer 32

implied terms in the employment contract

Question 33

Implications of employee status: WD, EP, PCoI, IT (EC), EVL for TA*, ETAS, NV, SP.

Answer 33

employer vicariously liable for tortious acts

Question 34

Implications of employee status: WD, EP, PCoI, IT (EC), EVL for TA, ETAS*, NV, SP.

Answer 34

employee taxed at source

Question 35

Implications of employee status: WD, EP, PCoI, IT (EC), EVL for TA, ETAS, NV*, SP.

Answer 35

no VAT registration required (if earning > £85,000)

Question 36

Implications of employee status: WD, EP, PCoI, IT (EC), EVL for TA, ETAS, NV, SP*.

Answer 36

statutory payments

Question 37

The three essential elements of employment: PS, C (BCR*), MoO.

Answer 37

by contractual right

Question 38

The ‘control’ test of employee status requires a … right of control by the employer.

Answer 38

contractual

Question 39

The three tests of employment status are (necessary / sufficient).

Answer 39

necessary

Question 40

A worker whose ‘employer’ requires personal service, exercises a contractual right of control and has an obligation to provide work will (always / sometimes / never) be regarded as an employee.

Answer 40

sometimes

Question 41

A ‘partner’ in a firm, however junior and whatever their right to management, control, or profits, can never be deemed an …

Answer 41

employee