Degree of control




The degree of control over how and when tasks are performed is a key factor in determining whether someone is an employee, a worker, or genuinely self-employed. 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 over working arrangements is also important when deciding whether someone is a “worker” or genuinely self-employed, because it helps determine the extent to which someone is truly “independent” (Allonby v Accrington & Rossendale College, [2004] ICR 1328), as opposed to being integrated into and controlled by another organisation. In general, EU law relies on factors such as control, subordination and integration to decide whether someone qualifies for the rights of a worker. 
 


“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).