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Employment law

Illustration 1 – Employed or self-employed

MARKET INVESTIGATIONS LTD v MINISTER OF SOCIAL SECURITY 1969

Facts:

A market researcher worked on a series of contracts following instructions
issued by the company. She had to complete the work in a specified time but
had no specified hours of work and was not given holiday or sick pay. She was
free to work for others if she wished.

Held:

The Company did have some control over the manner in which she did her work
and the terms of the contract were consistent with a contract of service. She did
not provide her own tools and took no risk.

She was not in business ‘on her own account’ and was thus an employee not
an independent contractor.

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