Abstract

This paper looks at the legal and practical challenges in determining the employment relationship. The distinction between a worker and an employee remains blurred centuries after the Kings Bench sought to bring clarity to this often-challenging area. However, the emergence of complex forms of employment relationships such as agency working, zero sum workers, freelancers and shareholding employees has only served to blur the binary divide between employee and self-employed. Despite the calls for reform coming from practitioners, judges, and prominent academics such as Mark Freedland and Simon Deakin, the age-old difficulties persist.

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