EMPLOYEE, WORKER OR SELF EMPLOYED
Determining whether an individual (A) is a worker for another person (B) pursuant to section 230(3)(b) ERA requires a structured application of the statutory test:
1. A must have entered into or work under a contract (or possibly, in limited circumstances, some similar agreement) with B; and
2. A must have agreed to personally perform some work or services for B
However, A is excluded from being a worker if:
3. A carries on a profession or business undertaking; and
4. B is a client or customer of A’s by virtue of the contract
The employment tribunal did not correctly apply the statutory test and erred in law in concluding that the claimant was not a worker for the respondent.
Citations:
[2022] EAT 91
Links:
Jurisdiction:
England and Wales
Employment
Updated: 10 July 2022; Ref: scu.678576