ACCA LW ^Eng Syllabus C. Employment Law - Distinguish Between Employees And The Self-Employed - Notes ^{1 / 5}

not a contract FOR service

Even so - to see if someone really is an employee and not self employed 3 tests are looked at:

The 3 Tests

1. The Control Test

   Basically does the Employer have contractual control how the Employee works

   • Walker v Crystal Palace FC

     A professional footballer is employed because the club tell him when to train, how paid etc

2. The Integration Test

   The more integrated you are into the 'Employer's' company - the more likely you are to be an Employee

3. The Multiple (Economic Reality) Test

   These are numerous factors which must be taken into account:

   You are more likely to be an employee if...

   • You are provided with tools and equipment

   • You are appointed by your 'employer' and not by the client

   • You are paid a salary

   • You are restricted where and when you can work

   • You receive holiday and sick pay