Employment Law

Paper Summary:

In this essay the writer looks at how the courts in the U.K. determine whether a person is an independent contractor or an employee. Four tests are discussed, which include the control test integration test, mutuality of obligation test and economic reality test. The second section of the paper looks at the vicarious liability of an employer in relation to employees.

From the Paper:

"The courts in the United Kingdom use a variety of tests to differentiate between a person's status as an independent contractor and an employee. Many of these tests have been established through case law. Throughout this paper the writer examines the various tests the courts use to determine whether a person is an employee, emphasizing important cases as necessary to complete this discussion. Furthermore, the writer examines the concept and operation of vicarious liability in relation to employees. When examining whether or not a person is an employee, it is important to look at the way the UK defines the term employee. The Department of Trade and Industry states in its Discussion Document on Employment Status in Relation to Statutory Employment Rights that "section 230(1) of the Employment Rights Act of 1996 defines an employee as: `an ..."

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