ACCA LW · Chapter 6 · Question 2 of 11
A contract allows a driver to send any substitute driver in her place when she is unable to work. Following Express & Echo Publications v Tanton, why does this point away from employment?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: D) An unfettered right of substitution is inconsistent with the requirement of personal service
Explanation
A contract of employment requires the worker to perform the work personally. Where the worker has a genuine right to send a substitute, the obligation of personal service is absent, which strongly indicates self-employment. Employment contracts need not be in writing, although a written statement of particulars must be supplied.
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