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Mary, aged 38 years has worked for ‘Jane’s Building Maintenance Company’ for six years as a full time plumber. When she started work she was told she would be a self-employed independent contractor. As a consequence she pays her own tax. She is allocated work by the company which she has to complete herself. She uses her own tools but wears overalls provided by the company. Recently ‘Jane’s Building Maintenance Company’ have told her that from next week they no longer require her services. They did not explain why she was no longer needed and said she does not have a claim for unfair dismissal or redundancy as she is self-employed.
Explain what factors a Tribunal will take into account when deciding whether she is actually a self-employed independent contractor. If she is not a self-employed independent contractor discuss whether she is likely to succeed in claims for unfair dismissal and redundancy.
Can you please explain this question
Hi
So the first thing to note is that this is not a typical ACCA law question. If you look at the official ACCA law questions you will see they are multiple choice style questions.
Having said that, the question still touches on the key topic of distinguishing between self employed workers and employed workers. Self employed are often referred to as independent contractors whereas Employed workers are referred to as Employees.
Generally speaking employees have more employment rights for example only employees can sue and claim damages for unfair dismissal, wrongful dismissal and redundancy. Self employed individuals do not have this right.
Ultimately it is up to the courts to decide if a worker is self employed or an employee and the courts decide this by using a number of different tests namely the control test, integration test an multiple test. The best thing you can do is listen to the recording on employment status and read the material on this topic and you will then be in a better position to understand the question.
I hope the above helps clarify.
Kind regards,
Vijay
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