Quashie v Stringfellows Restaurants Ltd [2012] EWCA Civ 1735, [2012] All ER (D) 229 (Dec)
Various tests for identifying when a contract of employment existed, including the control test, the business integration test, the business of economic reality test, and the multiple or multi-factorial test. However, the test most frequently adopted was that a contract of service existed if three conditions were fulfilled, namely: (i) the servant agreed that, in consideration of a wage or other remuneration, he would provide his own work and skill in the performance of some service for his master; (ii) he agreed expressly or impliedly, that in the performance of that service he would be subject to the other’s control in a sufficient degree to make the other master; and (iii) the other provisions of the contract were consistent with its being a contract of service. The issue was not simply one of control, and the nature of the contractual provisions might be inconsistent with the contract being a contract of service. When applying that test, the court or tribunal was required to examine and assess all the relevant factors which made up
