Degree of control

Mutuality of obligation and an obligation to carry out work personally are core requirements of both “employee” and “worker” status. The deciding factor as to whether someone is an employee, as opposed to a worker, is likely to be the degree of control exercised over them. In an employment relationship, an employer is likely to regulate, for example, working hours and the timing of holidays, and to supervise and direct the way tasks are carried out, to subject the individual to disciplinary and grievance procedures and to limit their freedom to work for others. Each case is a question of fact, as each employment situation is different.

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