The ‘control’ test

The ‘control’ test

The ‘control’ test
Yewens v Noakes (1880-81) LR 6 QBD 530 (CA)

Bramwell LJ: ‘A servant is a person subject to the command of his master as to the manner in which he shall do his work.’

Walker v Crystal Palace FC [1910] 1 KB 87 (CA)
Addison v London Philharmonic Orchestra [1981] ICR 261 (EAT)
The ‘Integration’ test
Cassidy v Ministry of Health [1951] 2 KB 343 (CA)

Stevenson, Jordan and Harrison v Mcdonald & Evans [1952] 1 TLR 101; (1952) 69 RPC 10 (CA) *Only short report/summary, Lexis.

Denning LJ: ‘under a contract of service a man is employed as part of the business and his work is done as an integral part of the business, whereas under a contract for service, his work, although done for the business, is not integrated into it, but is only accessory to it.’
The ‘Economic reality’ or ‘multiple test’

United States of America v Silk (1946) 331 US 704 (Sup Ct)

Market Investigations v Minister of Social Security [1969] 2 QB 173 (QB), 184-185 (Cooke J):

‘The … fundamental test to be applied is this: “Is the person who has engaged himself to perform these services performing them as a person in business on his own account?” If the answer to that question is “yes,” then the contract is a contract for services. If the answer is “no,” then the contract is a contract of service.

No exhaustive list has been compiled and perhaps no exhaustive list can be compiled of the considerations which are relevant in determining that question, nor can strict rules be laid down as to the relative weight which the various considerations should carry in particular cases. The most that can be said is that control will no doubt always have to be considered, although it can no longer be regarded as the sole determining factor; and that factors which may be of importance are such matters as whether the man performing the services provides his own equipment, whether he hires his own helpers, what degree of financial risk he takes, what degree of responsibility for investment and management he has, and whether and how far he has an opportunity of profiting from sound management in the performance of his task.

The application of the general test may be easier in a case where the person who engages himself to perform the services does so in the course of an already established business of his own; but this factor is not decisive, and a person who engages himself to perform services for another may well be an independent

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