ESM0519 - Guide to determining status: control – what, where, when and how
Where an engager has a right to exert control over a worker this
is a significant pointer towards employment. The extent of the
right of control will vary from employment to employment and can be
exerted in different ways. This was considered in the case of Ready
Mixed Concrete (South East) Ltd v Minister of Pensions and National
Insurance (see
ESM7030). When considering what
constituted control, MacKenna J said
“Control includes the power of deciding the thing to
be done, the way in which it shall be done, the means to be
employed in doing it, the time when and the place where it shall be
done.”
In the light of this judgement, the important elements that
should be taken into account can be summarised as follows
- control over what the worker has to do
- control over where the worker carries out the work
- control over when the worker carries out the work
- control over how the worker carries out the work
When investigating a status case you will need to consider all of these aspects.
