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These are the tests for determining whether a person is employed or an independent contractor under Employment Law. The Economic Reality test is the most important one, so we are told, but how important are the other two with regards to an exam question?
If say we get a question on stating the factors a court will take into account in determining which one a person is, do we have to explain control and integration tests?
Will we lose marks if we do not mention nor explain these tests?
Hi
You have 18 minutes to answer each question. Just how much detail are you expecting to be able to write into an answer? Clearly, the more you write, the greater the number of opportunities the marker has to be able to give you another mark. So, yes, mention all three tests.
Now, what makes you think that there’s even an outside chance that the question you have quoted will be in the exam in December? Have you looked at question 7 from the last exam?
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