Employer And Employee
For there to be employment there must be a contract of service where the employer controls how, when and where the employee’s work is done.
Usually the employee works on the employer’s premises using the employer’s tools and materials.
It is a relationship “of service” as opposed to someone agreeing to provide services as in a self-employed contractor role.
The employer must exercise sufficient control over the employee and how they work.
There must be a mutuality of obligations between employer and employee. This is where the employee is obliged to work and the employer is obliged to provide them with work and to pay them for it.
It is essential to a relationship of employment that the obligation is a personal one, and the employee is personally obliged to do the work themselves, as opposed to getting someone else to do it.
The law distinguishes between a “worker” and an “employee” so that many rights apply equally to both, even though the worker is not someone working under a contract of employment.
There is more information about worker status here:
Someone who is genuinely self-employed will not be treated as a worker in relation to the work they carry on for the clients or customers of their business or profession.
The National Minimum Wage Act and the Working Time Regulations both apply to all workers.
Bishopsgate Law employment lawyers provide independent legal advice about employment settlement agreements, and represent employees and employers at Employment Tribunals.
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Last Updated on December 15, 2020 by Admin