‘The other provisions of the contract are consistent with its being a contract of service.’
In contrast to MacKennaʼs first two tests, the rather unhelpful wording of his third does not tell us much, although in fact he expands on it later. The important thing to note here is the implication that the first two tests must both be passed on their own account. It is no good saying that although there is no mutuality of obligation or control the evidence on test 3 is so overwhelming that a contract of employment existed. Without mutuality and control it cannot.