Harry Sheehan on why the Supreme Court’s guidance on the common law test for employment status was much needed
- In the context of the common law test for employment, ‘mutuality of obligation’ is present where there has been payment for work done.
- Sufficient control may take many forms and is not limited to the right to give direct instructions.
- The nature and extent of mutuality of obligations and control must also be taken into account at the third stage of the Ready Mixed Concrete test.
The laws of England and Wales protect the rights of an individual who provides their services to another in a number of ways. The most valuable rights, such as the right not to be unfairly dismissed, are only extended to employees. A broader suite of rights is afforded to individuals who satisfy the definition of a ‘limb (b) worker’ (so called because the definition is to be found at, inter alia, s 230(3)(b) of the Employment Rights Act 1996).
The test for ‘limb (b) worker’ status has recently been the subject
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