Employment Law Exercise

Why is it important to make the distinction between an employee and an

independent contractor?
List three advantages of being an employee rather than a self-employed
contractor.
Richard and David work for Easypark plc. They are both electricians who
complete contract work for the company. Richard is a senior electrician
and has worked for the company for five years. David is currently studying
part time at university and so only works when he is needed. Richard is
paid an annual Salary of 20,000 and David is paid 6.00 per hour but
only for the hours he actually works. He never works during exam time as
he is too busy revising! Easypark provides all the tools needed to
complete the work. Both Richard and David pay tax and national
insurance contributions. On a few occasions David has asked his brother
Ben to go to work in his place. They both wear company uniforms while at
work. Richard also has a company van
Last Friday, Richard and David were working at a local hospital. They were
involved in an accident when a scaffold collapsed. Richard broke his arm
and David broke his leg. They will both be off work for some time.
Easypark has found that both Richard and David are to blame for the
accident and so have decided to dismiss them both. Richard and David
have now put in claims for unfair dismissal. Easypark prepares to defend
Richards claim but say that David has no claim as he was an employee.

Advise David of the ways in which courts and tribunals will determine his
status as an employee or otherwise.

You will need to explain the 3 tests and then apply them to David.
You should include cases to back up your legal points.