Where two parties have made mutual commitments in an employment relationship, whether they last for no more than a few hours or for lengthy periods of time, it is important to examine the nature of the terms agreed in order to be able to categorise the contract correctly.

Control tests

It is implicit in a contract of ‘service’ that one man is the ‘master’ while the other is the ‘servant’. The level of control that the one party may exercise over the other, and that the one may accept from the other, will be crucial in distinguishing a relationship involving an employed earner from one that involves a self-employed, independent contractor.

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