ChatterBank1 min ago
Test Of Employer
11 Answers
Hey legal types, what is the current test of employer? Is it who pays the worker or who controls the worker or other test/s?
Thanks.
Thanks.
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No best answer has yet been selected by Iggle Piggle. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I'm not entirely sure that I fully understand your question.
However, for day-to-day purposes, an employer is the person (or company) who pays the employee.
For example, if I take on work through the the GetABettaJob Agency and they place me in an office at WorseThanScrooge Ltd, my employment contract will be with GetABettaJob Agency and it will be that agency that pays me. Ergo, my employer will be GetABettaJob Agency and not WorseThanScrooge Ltd (even though the latter will control what I do in their office).
However, for day-to-day purposes, an employer is the person (or company) who pays the employee.
For example, if I take on work through the the GetABettaJob Agency and they place me in an office at WorseThanScrooge Ltd, my employment contract will be with GetABettaJob Agency and it will be that agency that pays me. Ergo, my employer will be GetABettaJob Agency and not WorseThanScrooge Ltd (even though the latter will control what I do in their office).
Certainly in my industry, an agent get you the job for a production company and the /director controls day to day what happens on their instructions, so it's not the Agent who got the work or the Director who tells me what to do, it's the company who hired me. I imagine it's exactly the same for any business.
Any employer has to provide an employee with a 'written statement of employment particulars' within 2 months of them starting work:
https:/ /www.go v.uk/em ploymen t-contr acts-an d-condi tions/w ritten- stateme nt-of-e mployme nt-part iculars
I suspect that the only such statement you'll have been given will have come from the agency, and not from the 'big firm'. Further, I suspect that your pay rate will also be determined by the agency. Putting those things together with the fact that it's actually the agency who pays you, it appears to me that it must be the agency that's your employer.
https:/
I suspect that the only such statement you'll have been given will have come from the agency, and not from the 'big firm'. Further, I suspect that your pay rate will also be determined by the agency. Putting those things together with the fact that it's actually the agency who pays you, it appears to me that it must be the agency that's your employer.
er I am pretty sure the leading case is still
Read mix concrete
https:/ /en.wik ipedia. org/wik i/Ready _Mixed_ Concret e_(Sout h_East) _Ltd_v_ Ministe r_of_Pe nsions_ and_Nat ional_I nsuranc e
which is quite old but still good law
and the article cites more recent cases
O'kelly
and Nethermere
read them and see ....
o'kelly is here
https:/ /en.wik ipedia. org/wik i/O%27K elly_v_ Trustho use_For te_plc
Read mix concrete
https:/
which is quite old but still good law
and the article cites more recent cases
O'kelly
and Nethermere
read them and see ....
o'kelly is here
https:/
Who provides your pay slip and pays the employer's NI?
On a related point, my understanding is that you should be getting teh same terms and conditions as the employed staff at the place you work, so you mayw ant to check this
https:/ /www.go v.uk/ag ency-wo rkers-y our-rig hts/you r-right s-as-a- tempora ry-agen cy-work er
On a related point, my understanding is that you should be getting teh same terms and conditions as the employed staff at the place you work, so you mayw ant to check this
https:/
this is how the tax man decides
https:/ /www.go v.uk/hm rc-inte rnal-ma nuals/e mployme nt-stat us-manu al/esm7 030
bear in miind that the tax manual is NOT a law manual
but that is their view they will take in court
and they kinda have expensive lawyers who rarely get their law wrong
( well yeah sort of - if that were the case there would be no tax law kinda because everhyone would know what it is)
https:/
bear in miind that the tax manual is NOT a law manual
but that is their view they will take in court
and they kinda have expensive lawyers who rarely get their law wrong
( well yeah sort of - if that were the case there would be no tax law kinda because everhyone would know what it is)