... contractors. These include written particulars of employment; unfair dismissal, redundancy, equal pay, statutory sick pay and maternity rights; health and safety provisions; rights to statutory and contractual notice periods; social security payments; amongst many others. Therefore, it will generally be in the interest of the worker to be an 'employee', but in the interests of the employer for them to be 'self-employed' to avoid offering such rights. The exception is the perceived tax benefit of being self-employed, and it is for this reason many of the cases to be examined have come about. The importance of distinguishing each type of worker has prompted the Courts over the years to develop a series of tests they can apply to discover the relationship between the parties. The Employee Rights Act 1996, s230(1) does provide a definition of an employee, but it is unsuitable for these purposes as it refers solely to a contract ...

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