Employment Law Exam Prep – Study Guide, Practice Questions & Legal Review
2026
Classifying the employee - correct answer ✔✔Kahn- Freund (1997) described the contract of
employment as the cornerstone of the modern labour law system
There is no comprehensive statutory definition of either "employee" or "contract of
employment"
Freedland(2006) argues it is necessary to reconceptualise the employment relationship to afford
protection under employment law for a wider set of relationships.
Defining a contract of employment - legislation - correct answer ✔✔Terms of employment
(information) Act 1994 (s1) defines a contract of employment as:
(a) A contract of services or apprenticeship and,
(b) Any contract whereby an individual agrees with another person
Payment of Wages Act 1991 and the National Minimum Wage Act 2000 have a section where
they define employment as well as the Employment Equality Act 1998
Contract 'of' services - correct answer ✔✔Employee
Contract 'for' services - correct answer ✔✔Independent contractor
Why is it important to distinguish Contract 'of' services v Contract 'for' services? - correct
answer ✔✔1. statutory employment protection
2. entitlement to state benefits
, 3. tax assessment purposes
4. social welfare contributions.
5. Vicarious liability
6. treatment as a potential creditor if an employee is wound up or put into receivership. In
liquidations, employees are preferential creditors and contractors are not
1. Terms of employment (information) Act 1994 -
"contract of employment" means - correct answer ✔✔Terms of employment (information) Act
1994
Section 1
(a) a contract of service or apprenticeship, and
(b) any other contract whereby an individual agrees with another person, who is carrying on the
business of an employment agency within the meaning of the Employment Agency Act, 1971 ,
and is acting in the course of that business, to do or perform personally any work or service for
a third person (whether or not the third person is a party to the contract),
Payment of wages Act 1991 & National Minimum wage Act 2000 - correct answer ✔✔wider
definition of contract of employment. Both as occurring in contract,to do,or perform personally,
work/service for... 3rd party... not client or customer
The control test - correct answer ✔✔to determine if employment relationship existed based on
the degree of control one exercises over the worker in relation to what work needs to be done
and how it is done. The worker is likely to be an employee if the employer can say what and
how to do the work.
Yewens v Noakes (1880) - control test - correct answer ✔✔A person is an employee if an
employer could tell him not only what to do but how to do it.
2026
Classifying the employee - correct answer ✔✔Kahn- Freund (1997) described the contract of
employment as the cornerstone of the modern labour law system
There is no comprehensive statutory definition of either "employee" or "contract of
employment"
Freedland(2006) argues it is necessary to reconceptualise the employment relationship to afford
protection under employment law for a wider set of relationships.
Defining a contract of employment - legislation - correct answer ✔✔Terms of employment
(information) Act 1994 (s1) defines a contract of employment as:
(a) A contract of services or apprenticeship and,
(b) Any contract whereby an individual agrees with another person
Payment of Wages Act 1991 and the National Minimum Wage Act 2000 have a section where
they define employment as well as the Employment Equality Act 1998
Contract 'of' services - correct answer ✔✔Employee
Contract 'for' services - correct answer ✔✔Independent contractor
Why is it important to distinguish Contract 'of' services v Contract 'for' services? - correct
answer ✔✔1. statutory employment protection
2. entitlement to state benefits
, 3. tax assessment purposes
4. social welfare contributions.
5. Vicarious liability
6. treatment as a potential creditor if an employee is wound up or put into receivership. In
liquidations, employees are preferential creditors and contractors are not
1. Terms of employment (information) Act 1994 -
"contract of employment" means - correct answer ✔✔Terms of employment (information) Act
1994
Section 1
(a) a contract of service or apprenticeship, and
(b) any other contract whereby an individual agrees with another person, who is carrying on the
business of an employment agency within the meaning of the Employment Agency Act, 1971 ,
and is acting in the course of that business, to do or perform personally any work or service for
a third person (whether or not the third person is a party to the contract),
Payment of wages Act 1991 & National Minimum wage Act 2000 - correct answer ✔✔wider
definition of contract of employment. Both as occurring in contract,to do,or perform personally,
work/service for... 3rd party... not client or customer
The control test - correct answer ✔✔to determine if employment relationship existed based on
the degree of control one exercises over the worker in relation to what work needs to be done
and how it is done. The worker is likely to be an employee if the employer can say what and
how to do the work.
Yewens v Noakes (1880) - control test - correct answer ✔✔A person is an employee if an
employer could tell him not only what to do but how to do it.
