p. 252. The concept of employment
- Simon HoneyballSimon HoneyballFormerly Head of Law, University of Exeter
This chapter focuses on the meaning of ‘employment’ — what is required in law for a worker to be considered an employee and what types of worker are not. It begins by examining the tests that have been developed at common law in order to determine this and the extent to which they are, and should be, driven by policy considerations. It then turns to other categories of work relationships to determine whether they are mutually exclusive with employment or whether they overlap. It also considers particular types of employees and explains their legal employment status. The chapter ends by addressing the question of whether the courts consider employment status to be a question of law or one of fact.