Tests to Identity type of employment Flashcards
List of Test
Control Test Organisation Test Multiple (economic reality) Test Personal Services Test Mutuality of Obligation Test
Control Test
Who has the right at the moment to control the manner of the execution of the acts
Organisations Test
Contract of service V Contract for service
under a contract of service a man is employed as part of the business and his work is done as an integral part of the business. whereas under a contract for service his work although done for the business is not integrated into it but is only accessory to it
Multiple (economic) Test
Various factors such as power of selection/dismissal and right to control worker
Personal Service test
Worker provides his own work and skill - being able to delegate means you are not a employee but a worker
Mutuality of obligation test
Obligation on the employer to offer work and the employee to accept the work
Limited Liability Partnerships
always workers Limited Liability Partnership Act 2000 expressly sates partners of LLP’s are not employees
Gig economy
Uber - right to refuse classed as worker but subject to Supreme court appeal
Fixed term Workers
Must have a fixed start and end date deemed in Wiltshire CC V National ass of teachers and Guy 1980
Fixed term contracts length
will be classed as permanent employees if contract is continuous and exceeds 4 years unless it can be objectively justified.
