Before and during the work on this review, both judicially (in the tribunals and courts) and in the media, one topic received much scrutiny; how do you decide
whether casual workers, especially those in the «gig economy», should be considered an employee, self - employed or a worker?
Having gone on to uphold the tribunal's finding of no employment contract, the EAT went on to give the following guidance, which bears reading in full by anyone dealing with one of these cases: Unlike
casual worker cases, where the key issue is mutuality of obligations, to construct one overall contract of employment, in agency
worker cases the key issue is likely to be «
whether the way in which the contract is in fact performed is consistent with the agency arrangements or... is only consistent with an implied contract between the
worker and the end user and would be inconsistent with there being no such contract».