Employee/employer relationship

An employee works under a contract of service; an independent contractor works under a contract for services. However, the courts consider the actual relationship rather than rely upon what the parties call their arrangement. The relationship affects an individual’s employment rights, his entitlement to health and safety provision and also affects the employer’s vicarious liability for the individual’s torts. The courts use a variety of tests to determine the relationship: the control test; mutuality of obligation; integration test; and the financial risk test (employees do not take this risk). Regard is also paid to the contractual arrangements, methods of payment, etc. Insurers write their own definition of employee into liability policies.

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