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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List of Test

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


Control Test

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


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


Multiple (economic) Test

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


Personal Service test

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


Mutuality of obligation test

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


Limited Liability Partnerships

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


Gig economy

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


Fixed term Workers

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


Fixed term contracts length

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