Types Of Worker

Question 0

Worker

Answer 0

Subordination (otherwise self-employed)

Mutuality of obligation

Question 1

Employee

Answer 1

Mutuality of obligation
Subordination
Personal nature of service

Question 2

Contractor

Answer 2

Personal nature - delectus personae
No mutuality of obligation
No subordination

Question 3

Mutuality of obligation

Answer 3

Mingley v Pennock (taxi driver)

Nethermere v Gardiner (pieceworkers)

Byrne Brothers v Baird (carpenters, only ever worked for them, obliged to give work etc)

Question 4

Personal nature of service?

Answer 4

Ready Mix Concrete (no as could swap in some random)

Marshall v Glasgow CC (yes as only if unable to do job i.e. Sick and had to be someone on their list)

Question 5

Control

Answer 5

Must be sufficiently under the control of another to render them your master (Montgomery v Johnson)

Can’t just be an independent person under own control (Jivraj v Hashwani)