Professional Documents
Culture Documents
1996
Tests for
employees
(pgs 6 11 tb)
Employee status
'an individual who has entered or works under (or where the
employment has ceased, worked under) a contract of
employment"
Contract of employment - s 230(2) ERA 1996 - 'a contract of
service or apprenticeship, whether express or implied, and (if it
is express) whether oral or in writing"
Control Test - Yewens v Noakes
Integration test - Stevenson Jordan & Harrson Ltd v McDonald
and Evans
Economic reality test - Market Investigations Ltd v Minister of
Social Security
Multiple factor test - advocated by McKenna J in Ready Mixed
Concrete
A contract of service existed if 3 conditions are fulfilled:
1. The servant agrees that, in consideration of a wage or
other remuneration, he will provide his own work and skill
in the performance of some service for his master
(mutuality of obligation)
Stephenson v Delphi Diesel Systems Elias J stated that
mutuality determines whether there is a contract in existence
at all.
Must show that the contract continues to exist in gasps
between the periods of employment as mutuality poses no
difficulties during the period when the individual is working
St Ives Plymouth Ltd v Haggerty a casual worker was an
employee as there was a sufficient mutuality of obligation in the
gaps when no work was performed no obligation on the
worker to accept work and no guaranteed min amount of work
claimant had expectation that she would be offered a
reasonable amount of work
Cornwall County Council v Prater sufficient mutuality of
obligations during each assignment carried out by a teacher
while to contract was in force. Gaps between assignments =
temporary cessations of work s 212 ERA 1996
Little v BMI Chiltern Hospital NOT empee because Eer
could and did send porters home during a shift, without pay for
the rest of the shift, when their services were not needed = no
mutuality of obligation but only a contract for freelance