Tests to Identity type of employment Flashcards Preview

Cilex Level 6 Employment law > Tests to Identity type of employment > Flashcards

Flashcards in Tests to Identity type of employment Deck (10)
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1

List of Test

Control Test
Organisation Test
Multiple (economic reality) Test
Personal Services Test
Mutuality of Obligation Test

2

Control Test

Who has the right at the moment to control the manner of the execution of the acts

3

Organisations Test

Contract of service V Contract for service
under a contract of service a man is employed as part of the business and his work is done as an integral part of the business. whereas under a contract for service his work although done for the business is not integrated into it but is only accessory to it

4

Multiple (economic) Test

Various factors such as power of selection/dismissal and right to control worker

5

Personal Service test

Worker provides his own work and skill - being able to delegate means you are not a employee but a worker

6

Mutuality of obligation test

Obligation on the employer to offer work and the employee to accept the work

7

Limited Liability Partnerships

always workers Limited Liability Partnership Act 2000 expressly sates partners of LLP's are not employees

8

Gig economy

Uber - right to refuse classed as worker but subject to Supreme court appeal

9

Fixed term Workers

Must have a fixed start and end date deemed in Wiltshire CC V National ass of teachers and Guy 1980

10

Fixed term contracts length

will be classed as permanent employees if contract is continuous and exceeds 4 years unless it can be objectively justified.