Example 1
Worker A is engaged as a computer programmer for a bank. His
contracts requires him to attend the office for 37 hours per week.
Those hours have to be worked between 8am and 6pm, Monday to
Friday. There is one tea break in the morning of 30 minutes and one
in the afternoon, both of 30 minutes, and lunch breaks last no more
than one hour. If Worker A wants to leave the office he has to
obtain permission from his manager and leave requests must be made
2 weeks in advance of holidays being taken. This extensive control
over when the work will be carried out is a pointer towards
employment.
Example 2
Worker B contracts to provide an article for a magazine. One
of the conditions is that the article will be completed and
submitted to the magazine by 31 October. Apart from this condition,
Worker B is free to work on this article as she sees fit. This lack
of control over when the work will be carried out is a pointer
towards self- employment.
Example 3
Worker C is engaged as a kitchen fitter, installing kitchens
into private homes. The householders buy kitchen units and
appliances from retailers who then arrange installation. Worker C
has a contract with one retailer for installing kitchens that
stipulates the work can only be carried out between 8am and 6pm
Monday to Friday, unless agreed with the retailer. Although there
is limited control over when Worker C can carry out the work,
within this broad framework she is free to work as she pleases. On
its own, this tells us little about whether Worker C is employed or
self- employed and you would need to consider other factors before
being able to make a judgement about status.
