Gig Economy Worker Classification Quiz

A contract where a person works for an employer and is subject to their control and direction. The employer is obligated to pay wages and benefits.

A contract where a person provides a service to another party but is not under the control or direction of the other party. The person providing the service is responsible for their own taxes and benefits.

Whether an individual pays PAYE (Pay As You Earn) is a strong indication of their employment status. Employees typically have PAYE deducted from their salaries, while independent contractors usually manage their own taxes.

A written contract outlining the terms of work helps determine employment status. It shows the nature of control and direction the employer has over the individual.

Employees have legal advantages, including statutory protection, benefits, and preference in company insolvency.

Employees have rights and protections under employment laws, such as minimum wage, paid leave, and discrimination protection.

Employers can be held liable for the actions of their employees if those actions occur within the scope of their employment.

Employees have priority in receiving unpaid wages and benefits during a company's insolvency proceedings.

A written document, such as a contract, does not change the nature of the relationship between parties (e.g., employer and employee) but can provide evidence to help courts determine the true nature of the relationship.

These are individuals who work for a company (like a supermarket) on a temporary or short-term basis, often on a contract basis, to promote products.

A landmark legal case, Henry Denny & Sons (Irl) ltd T/A Kerry Foods v Minister for Social Welfare, which involved a dispute regarding the employment status of casual supermarket demonstrators.

This test examines the degree of control an employer exerts over an individual's work. If the employer has significant control over how work is done, it's likely an employment relationship.

This test looks at how closely the individual's work is integrated into the employer's business. If the work is essential to the core business, it's more likely an employment relationship.

This test focuses on whether the individual is working on their own account, like a small business owner, or as part of a larger organization. If the work requires capital investment, risk of profit or loss, and personal service, it's more likely a contractual relationship.

This case (Ready Mix Concrete ltd v M. of pensions and National insurance) explored the application of employment tests and factors influencing the determination of employment status.

Courts consider all the relevant factors, taking into account the control test, integration test, and enterprise test, and other relevant evidence to make a decision about the nature of the relationship.

A labor market characterized by short-term contracts, freelance work, and independent contractors, often with less job security and worker protections compared to traditional employment.

A legal classification in some jurisdictions that grants certain rights and protections to individuals who are not traditional employees but are not entirely independent contractors.

The extent to which a company dictates the terms of work, including hours, payment, and work methods, for individuals in the gig economy.

A UK Supreme Court case that established a gig worker as a 'worker' despite the company's attempt to categorize them as an independent contractor.

A UK court case that classified Uber drivers as 'workers', granting them minimum wage, breaks, and control over their working hours.

A legal test used to determine if someone is an employee or an independent contractor. It considers factors like personal service provision, freedom to do other work, remuneration, worker freedom, capital and equipment, financial risk, obligation to work, mutuality of agreement, substitution, intentions of parties, and tax situation.

A critical factor in the Mixed Test, it exists when both the employer and employee have an obligation to provide and perform work, respectively. The employer must offer work, and the employee must accept it.

A landmark case where a worker, despite providing personal services, was deemed an independent contractor because he controlled his own assets, had no obligation to work, and could profit or lose money.

This case involved a Doctor working for Bayer, showing that written contracts (even with specific duties) and fulfilling company orders may not always establish an employer-employee relationship.

Temporary veterinary inspectors were initially considered employees due to the redundancy payments laws, but later deemed independent contractors after the 'Mutuality of Obligation Test' showed no obligation for the employer to provide work.

Consider factors like provision of personal service, freedom of work, remuneration, level of worker freedom, capital and equipment, financial risk, obligation to work, mutuality of agreement, substitution, intentions of parties, and tax situation.

While a contract may detail specific duties or company orders, it alone doesn't automatically establish an employer-employee relationship. The context and other factors need to be analyzed.

Examines whether the employee can replace themselves with someone else to perform the work. If not, this suggests employment.

Assesses how involved the worker is within the employer's business. If they're deeply integrated, this suggests employment.

The actual practice of work, rather than just the written agreement, is key. It can reveal true control and direction.

A newer test, focusing on whether platforms exert significant control over workers. They may be deemed employees if they meet several criteria.

Platforms exercise control through setting pay, enforcing rules, monitoring work, restricting freedom, or limiting client relationships.

In the Dominos case, drivers were deemed employees due to factors like limited substitution and integration into the business.

Proposes a legal framework to clarify employment status for workers on digital platforms, aiming to protect worker's rights.