LRD guides and handbook May 2019

Law at Work 2019 - the trade union guide to employment law

Chapter 2

Degree of control





[ch 2: page 37]

The degree of control over how and when tasks are performed is a key factor in determining employment status. In an employment relationship, an employer is likely to have 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 will depend on its context, because every work 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).