Lesson 2 – the Tribunals Unfold the Mystery of Who Is a Worker and Employee

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And we have heard the voice of the tribunals speaking from the darkness. Case law this year has reminded us that the key tests for establishing the existence of a contract of service (i.e. contract of employment) are that:

  1. An agreement exists to provide the servant’s own work or skill in the performance of service for the master (“personal service’) in return for a wage or remuneration (“mutuality of obligation”).
  2. There is control of the servant by the master (“control’).
  3. The other provisions are consistent with a contract of service (“other factors”).

This being the case, we have seen car valeters, dancers at Stringfellows and market researchers working on different assignments (but under an umbrella contract) being deemed to have an employment relationship. Taxi drivers, on the other hand, have been found to be self employed. That said, remember that findings around employment status invariably turn on the facts of each situation.

Carol  – I saw three tests (come sailing in)

Slush Puppie Ltd v HMRC
Drake v Ipsos Mori Uk Ltd
Quashie v Stringfellows Restaurants Ltd
Autoclenz Ltd v Belcher and others

For more information, help or advice please contact Tim Davies on 0191 211 7927 or email [email protected].