Medium2 marksMultiple Choice
Employment lawEmployment lawEmployment status

ACCA · Question 49 · Employment law

Section B - Scenario 2

IronForge Ltd is a heavy manufacturing company. They engage Sarah as a welder. Sarah must wear an IronForge uniform, work set shifts from 8am to 4pm, and use IronForge's welding equipment. However, her contract explicitly states: 'Sarah is an independent contractor and is responsible for her own tax.'

Based on the multiple (economic reality) test, what is Sarah's likely employment status?

Answer options:

A.

She is an independent contractor, because the contract explicitly states this.

B.

She is an employee, because the reality of the working relationship outweighs the label in the contract.

C.

She is a worker, but not an employee, because she pays her own tax.

D.

She is an independent contractor because welding is a specialized skill.

How to approach this question

Apply the multiple test. Consider control, integration, and economic reality versus the written label.

Full Answer

B.She is an employee, because the reality of the working relationship outweighs the label in the contract.✓ Correct
When determining employment status, tribunals look at the reality of the relationship, not just the label the parties use (Autoclenz Ltd v Belcher). Sarah has set hours (control), wears a uniform (integration), and uses company equipment (no financial risk). These factors strongly indicate a contract of service (employment), regardless of the tax clause.

Common mistakes

Believing that a signed contract stating someone is self-employed is legally conclusive.

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