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... But in certain situations this definition can be misleading in showing whether a certain person is in fact an employee. ...
For many years judges to determine the status of an employee used the control tests. The control tests by definition was to look at the ‘provision by the worker of his services is under the control of another to such an extent as to render the relationship one of the employer and employee’ . There are two parts to this test the first being whether a person is obliged to do the work himself. Secondly whether the in carrying out the obligations under the contract the person has no practical freedom on how the word should be done. ...
A more recent test is known as the integration test which looks at whether the worker had become so integrated into the business contract that they have become a part of the business rather than providing a service to the company. ... The whole decision of this case was going too resolved by thinking about the whether the worker is ‘in the business on his own account’ or whether the employer under business relationships holds the control over him. ... Cope 1978 where the homeworkers were shown to be not contractors but actual employees, but due to the constant work being sent to the homeworkers but after a relationship of seven years the homeworker was seen to be an employee.
Approximate Word count = 997
Approximate Pages = 4
(250 words per page double spaced)
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