LRD guides and handbook September 2013

Contracts of employment - a guide to using the law for union reps

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Chapter 2

2. DECIDING WHO IS AN EMPLOYEE

This Chapter looks at:

• the rules that distinguish between employees, workers and the self-employed;

• the tests used by courts and tribunals to decide employment status:

• mutuality of obligation;

• the obligation to carry out work personally;

• the employer’s right of control;

• genuine and bogus self-employment.


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