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 when working out whether someone is either an employee or a worker is usually the degree of control exercised over how and when tasks are performed. In an employment relationship, an employer is likely to have the right to control, for example, working hours and the timing of holidays, and to supervise and direct the way tasks are carried out, to discipline workers and to limit their freedom to work for others. Each case will depend on its context, because every employment situation is different. 


“Control” does not 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). Tribunals will examine both the documentation and the surrounding circumstances to decide whether an employer has enough of a right of control over individuals for them to be “employees”.