Establishing an individual’s employment status is often the foremost requirement of any claim in employment law. Different rights are afforded in statute by different statuses. In seeking any right through an Employment Tribunal (“ET”), the Tribunal must first establish whether an individual’s employment status affords them that right in law.
Employees are entitled to the greatest number, and quality, of rights in UK Employment law. Workers enjoy a more limited number of rights, but often greater flexibility and freedoms than employees. The self-employed carry their own risks, have very few rights provided by those they provide services to, but do enjoy absolute independence. ET’s are available to employees and workers only for the settlement of disputes relating to rights. The self-employed cannot proceed a claim within an ET.
Initially, primary legislation allows for some broad definitions of different worker statuses. However, the dividing lines are often blurred, or even missed, depending on which body is assessing the status and for what reason. Currently, employment status in the UK falls into a tripartite system of Employees, “Workers” and the Self-employed “Independent Contractor”. Primary (and secondary) legislation have gone same way to defining status, but as is often the case, further clarity has often been provided by Common Law.
Table of contents
Acknowledgments
1. Introduction
1.1 Why Establish Employment Status?
1.2 In agreement: Taylor, BEIS, The Treasury and HMRC
1.3 The need for clarity
2. The Modern Evolution of Employment Status Law
2.1 Ready Mixed Concrete (“RMC”)
2.2 The importance of Contract
2.3 The Test
2.4 Development of Ready Mixed Concrete
3.The “Irreducible Minimum”
3.1 The Contract itself: on face value
3.2 The Wages Act 1986: “Worker” and “Contract of Service”
3.3 Complexity beyond the Contract
4. The Employment Rights Act 1996 (ERA 1996)
4.1 The “Prize” of Rights
4.2 But who wins?
4.3 Worker Status
4.4 Passing the “higher test”
5. Contract of Service: focus after 1996
5.1 Contracts and reality: words or actions?
5.2 Contract in the “Gig Economy”
6. Personal Service
6.1 Substitution and delegation
6.2 Anomaly in Law
7. Control, substitution and how the work is done
7.1 Day-to-day Control
7.2 The diverse elements of Control
8. Other Factors consistent with a Contract of Service
8.1 Mutuality of Obligation
8.2 Integration
8.3 Independence and the “customer/client” relationship
8.4 Contractual Nuances
9. Conclusion
Bibliography
Primary Sources
UK Cases
EU Cases
UK Statutes & Statutory Instruments
Government Reports
Secondary Sources
Books
Academic Works
Websites & articles sourced online
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