Questions On Business Law And Ethics Essay

1269 Words Nov 24th, 2014 6 Pages
Israr Ahmed
N3038366
Business Law and Ethics
“The decision as to whether or not a person is ‘employed’ is of critical importance. Through the years the courts have applied various tests to seek to resolve areas of dispute. However none of these tests have successfully resolved the differences between a contract of service and contract for services.”

Control Test
The control test is an early test that has been developed by the courts to determine whether or not an individual is employed. The idea is that if a person is controlled, or told what to do by another, then they are employed. In the case Yewens v Noakes [1880] 6 QB 530 it was stated that “An employee is subject to the command of his master as to the manner in which he shall do his work.” This can be interpreted to mean that an employee is under the control of the employer, the employer decides the work to be done and how it is to be done.
However, there can be complications in applying the test. In the case of Walker v The Crystal Palace Football Club Ltd [1910] 1 KB 87 it was argued that the “definition could not be applied to professional footballers who were hired to display their talent and skills.” It was decided that Walker was employed under a contract of service because he was under the control of Crystal Palace Football Club in relation to training, discipline and method of play.
Daniels et al. (2008) believe that the control test is outdated for 2 reasons. The first is that there is a more…

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