Term
| Ready Mixed Concrete (South East) Ltd v Minister of Pensions and NI |
|
Definition
Established the criteria for deciding whether someone is an employee or not:
1) He must be paid
3) The employer must exercise at least some control over the individual |
|
|
Term
| Other tests in assessing employment relationship |
|
Definition
1) Mutual obligation and personal service test - Ready-Mixed Concrete
2) Control test
3) Multiple or Economic Reality test
integration test |
|
|
Term
| What is the mutual obligation and personal service test? |
|
Definition
- Ready-Mixed Concrete case established another key factor - MOPST
- Asks is there an obligation on the company to provide work and for the individual to perform work when given it?
- there must be a minimum of mutual obligation necessary to create a contract of service otherwise an employment relationship will not exist
|
|
|
Term
| limited right to appoint a substitute |
|
Definition
if there is a limited right to appoint a substitute, we should ask:
1) is the right to delegate fettered in any way? – can the individual use the substitution clause for any reason?
2) is the substitution clause really intended to be used?
3) if so, is it ever in fact used? |
|
|
Term
McFarlane v Glasgow City Council |
|
Definition
| individual concerned was held to be an employer because his right to appoint substitutes were fettered |
|
|
Term
|
Definition
| ask whether the employer can control what the indiviual does, when, where and how it does |
|
|
Term
| Multiple or economic reality test |
|
Definition
•Hall v Lorimer – Tribunal should regard to a number of factors when deciding the status of the individual and the overall picture must be looked at:
--> does the individual take a degree of financial risk?
--> does the individual hire his own employers?
--> who provides the materials and equipment? |
|
|
Term
|
Definition
• Asks ‘to what extent is the individual integrated into the employer’s organisation?”
• Some factors will helps determine this:
--> is the individual subject to the company’s grievance and disciplinary procedure?
--> is the individual paid holiday or sick pay?
--> is the individual part and parcel of the company? |
|
|
