Are they an employee?

• What are the three tests?

  Control test , interference, economic reality
• Control test?


  Establish who is in control
• Harbour Board v Coggins?


  crane driver, employed by two companies

  Who pays the wages has control
• Hawley v Luminier Leisure?


  Bouncer assaulted, liquidation

  Club were next in control therefore liable
• Viasystems v Thermal Transfer


  air conditioning

  Dual vicarious liability
• Intergration test?


  Must be completely intergrated within the business
• Economic reality


  many gaps with other tests
• Ready Mixed Concrete v Minister of pensions


  cab driver

  three things considered- set wage ,contract and control
• Other factors introduced?

  Tax/ national insurance

  provision of equipment

  level of independence

  working hours

  method of payment