1. What authority does Bryne Brothers Ltd v Baird provide?
Sets out a three staged test for deciding if one is a worker: perform work personally, status of employer under the contract that of a customer of a business undertaking carried on by an individual and if there is mutuality of obligation
Sets out a three staged test for deciding if one is self-employed: perform work personally, status of employer under the contract that of a customer of a business and if there is control
Sets out the definition for a worker as one who works for someone but does not have the irreducible minimum
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Other questions in this quiz
2. What case provides authority for a qualified substitution clause that would still give rise to an employment relationship?
Argent v Minister of Social Security
Staffordshire Sentinel v Potter
Echo and Express Publications v Tanton
Flack v Kodak
3. What was the outcome of Nethermere (St Neots) Ltd v Gardiner?
Mrs G was held to be an employee as the practice of accepting work and it being provided has developed over the years and crystallised into mutuality of obligation.
Mrs G was held not to be an employee as she worked from home so was self-employed
Mrs G was held to be an employee as she was doing the same work just from home
Mrs G was held not to be an employee as she did not have any written obligation to complete work or for it to be provided to her
4. What case gives authority for substitution clauses prohibiting the creation of an employment relationship.
Echo and Express Publications v Tanton
RMC v Minister of Pensions and National Insurance
Staffordshire Sentinel v Potter
Troutbeck SA v White
5. What was the outcome of Flack v Kodak?
Court held that the gaps in employment were not to be included as a temporary cessation of work as there was no pattern to the period of work and the gaps were too long in between
Court held that the case was similar to Carmichael, as there was no mutuality of obligation, there was no employment relationship.
Court held that the gaps in the employment were to be included as a temporary cessation of work as it was out of the employee's control as to when there was enough demand for them to work and they did not obtain employment in the gaps in between.
Court held that the gaps where there was no work, they were classed as self-employed and the gaps when they worked they were considered to be workers.
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