Traditional Employment

Question 1

Control Test

Answer 1

The master has control over the actions of the employee. This could be with regards to:
1) Power to select the employee
2)Controlling the method of working
3)Right to suspend or dismiss
4) The payment of wages

Question 2

Mersey Docks V Coggins

Answer 2

Crane driver who was hired out by his employers negligently injured a person.
Held: Permanent employer is liable unless it can be proven otherwise

Question 3

Mersey Docks AO3

Answer 3

P - unfair that if the employee and their tools are hired, the employer is liable.
DP - Lead to loopholes in employer only hiring employee and not equipment to remove liability.
WDP - Create Confusion leading to the law not being property applied

Question 4

Integration test

Answer 4

Established by Lord Denning in Stevenson V McDonald
Worker is an employee if his work is fully integrated into the business.
If Person work is an accessory, person is not a employee.

Question 5

Integrated AO3

Question 6

Economic Reality

Answer 6

Ownership of tools / equipment
Method of Payment
Likely to be an employee
How the person describe themselves
The amount of independence and flexibility

Question 7

Employment Status Ao3

Answer 7

P - Allows C to have more chances of proving if the employer is accountable.
DP - Inconsistent decisions which conflicts with the ROL as law is not certain nor ascertainable.
WDP - Lawyers can’t advise clients the likelihood of case limiting access to justice.

Question 8

Independent Contractor

Answer 8

IC is self employed and therefore legally responsible for their own action and can be sued by the victim of a tort committed by him.

Question 9

Barclay Bank V Various Claimants

Answer 9

126 claimants alleged sexual assaults by doctor during recruitment process.
Held: COA 2017 - Akin to employment and there were a close connection
SC 2020 - use IC defence. Barclay was not liable for doctor’s actions.

Question 10

Barclay Ao3

Answer 10

P -Showing a modern day approach in which IC are treated and the employer won’t be automatically liable.
DP- Decision made by experienced and prestigious judges allowing the public to trust the decisions.
WDP - Confusing as the courts will accept IC defence or the tortfeasor is akin to employment. Unfair on Claimant.