This paper focusses on identifying when a worker is an employee and when they may be classed as an independent contractor. Issues discussed include:
- the traditional common law test
- putting the question in context - unfair dismissal laws, employee entitlements, employer liability
- recent developments in the application of the test by courts and tribunals
- the vexed question of labour hire contracts - just who is the employer?
- the developing concept of 'joint employment'
- managing the risks.