Distinguish Between Employees And The Self-Employed 1 / 5

An Employee has a Contract OF Service

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