Critically evaluate whether there is a need to reform the current law.

Critically evaluate whether there is a need to reform the current law.

ANSWERTHE FOLLOWING QUESTION

‘The recent history of judicial decision making in the area of employment status has been confusing and often unimpressive. Courts have at times placed emphasis on control, or on integration and at other times relied on more commercial tests…Overall, there remains the central problem of the inability to achieve consensus on what it is, precisely, that convincingly differentiates the employee from the self-employed.’

P Leighton and M Wynn; ‘Classifying employment relationships – more sliding doors or a better regulatory framework’ Industrial Law Journal 2011, 40 (1). 5-44

In light of the above statements, discuss the current statutory and case law tests determining employment status and consider why employment status is so important to determine. Critically evaluate whether there is a need to reform the current law.