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Chapter 4

If these are not present there cannot be an employee/employer relationship. But
even if the three elements are present it does not necessarily follow that the worker is
an employee. To determine this, the courts will consider further factors:

 If the worker is free to delegate he is more likely to be held to be self-employed.

 If the employer provides the tools and equipment or a uniform used by the
worker this suggests an employment relationship.

 If the worker can use the employer’s support staff he is more likely to be
classed as being employed.

 If the worker is paid net of tax this is indicative that he is an employee.

 If the worker suffers a degree of financial risk as hours and payment are
irregular, this suggests the worker may be held to self-employed.

 If the employee is expected to have a level of exclusivity in their contract (they
cannot work for other employers) it is more likely that they will be held to be an
employee.

The court may also consider whether the parties consider the worker to be employed.
However, the label applied by the parties does not by itself define the relationship.

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