Degree of control
[ch 2: page 40]The degree of control over how and when tasks are performed is a key factor in deciding employment status — both for employees and workers. In an employment relationship, an employer normally has the right to control working hours and the timing of holidays, to supervise and direct the way tasks are carried out, to discipline workers and to limit their freedom to work for others. Every case depends on context because every work situation is different.
In a “worker” contract, the employer will have significant control over the way the worker carries out their duties while they are working.
“Control” does not mean practical day-to-day control. What matters is that the employer has a genuine contractual right to control the employee, whether or not it is exercised (White and Todd v Troutbeck S.A. [2013] UKEAT 0177/12/2301).