"the Common Law Tests For Determining Whether A Given Contract Is A Contract Of Employment Are Out-Of-Touch With Modern Patterns Of Work And Should Be Substituted With A More Precise Statutory Definition." Discuss. Study Guide Questions And Correct Answers

Kahn-Freund {Ans: Paragraph 3: Control Criticisms: Unrealistic that an airline pilot is subject to daily control- still an employee Junior employees have more control over senior figures (too much emphasis being placed on control)? o In modern conditions, applying the control test is unpractical when looking at skilled employees. Many employees have such expertise, that it is unimaginable that an employer could tell them how to do their job, and control the methods used. o Another difficulty arises when dealing with 'agency workers'. In the decision of Honeywill and Stein Ltd v Larkin Brothers Ltd, an individual is held to be an employee where the employer 'retains control of the actual performance of the work'. The impact of this is that the agency itself has very little control over the method and the way the individual carries out their work.}1. Is the worker subject to a right of control? 2. Did the worker provide personal service in return for remuneration? 3. Are the other provisions of the contract consistent with a contract of service? {Ans: Paragraph 3: Control: 3 stage test for contract of service}Painter and Holmes {Ans: Introduction o "the only guidance on the question in