Degree of control

The degree of control over how and when tasks are performed is a key factor in deciding employment status. 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.

“Control” does not mean practical day-to-day control. What matters is that the employer has a real contractual right to control the employee, whether or not it is exercised (White and Todd v Troutbeck S.A. [2013] UKEAT 0177/12/2301).