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stuck on employement law question

Critically review the case law concerning theascertainment of employee status and consider whether the current tests are ‘fit for purpose’.
Seems straightforward. What is troubling you about it? You can find the relevant case law from any half decent textbook. In critically examining those tests you need to consider their practical application to real life situations. In other words, are there any practical situations where you think someone should be classed as an employee but the case law would suggest that a tribunal would class them as not being an employee? A good place to start with considering such situations can be the actual facts of the cases that you are considering, which are often right on the line and therefore could feasibly attract a range of opinion.
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On this specific question, make sure your case law is up to date. I've said this before, but I think Quashie makes a mess of everything that went before. Read the facts of Quashie in the context of all your old cases, and ask if you would have made the same decision.
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simonbo
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what I have done is spoke abut the case law tests that have developed and then stated why they have all failed to clarify who is an employee. so that control, integration economic reality and mutual obligation. I am next going to talk about the current test and suggest that it too fails to address the issue because it fails to address situations such a agency workers etc. I remember reading somewhere that academics have suggested abandoning the idea of employee for the euro definition of worker does anyone remember whom that may be???

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