Just Motors has a written agreement with Giorgio who has worked for them for 10 months as a mobile vehicle technician. He has a written agreement which states that he is self-employed.

Giorgio undertakes a range of vehicle repair and maintenance work for both domestic and commercial customers of Just Motors. He is paid on a monthly basis for the hours he has worked (at a rate of 18/hour for his standard 40 hours work each week and 24/hour for any hours worked in excess of 40 hours). Giorgio is responsible for his own tax and national insurance. The customers pay for the work he does directly by debit or credit card to Just Motors. No cash is handled by Giorgio.

Just Motors require Giorgio to work a minimum of 40 hours a week. At the start of the week they provide him with a schedule of work to be undertaken and the customers to visit. During the week Giorgio can choose whether to accept further work from Just Motors outside of this schedule (for which he gets paid at the higher rate of pay).

Once he has received the weekly work schedule from Just Motors, Giorgio can decide how the work is undertaken for customers in accordance with his skills and experience. He is free to choose exactly when he works during the week, provided that his work schedule is completed by the deadline agreed between Just Motors and their customers. He is not permitted to work for anyone else.

If one of the customers has an urgent need, Just Motors can require Giorgio to deal with this as a priority to any other work he is undertaking.

If Giorgio is unable to work due to illness or agreed holiday (for which he does not get paid) then he is expected to arrange for another vehicle technician to undertake his work schedule from an approved list held by Just Motors who will then pay this person direct.

Just Motors provide Giorgio with a company van (which has their logo on it) and they pay for the van's insurance, petrol and maintenance. They also provide the materials and spare parts required for the repairs and maintenance carried out for their customers but Giorgio provides his own work tools.

Giorgio is required to attend Just Motor's premises at the beginning of each week to receive his work schedule for that week and to also report back by telephone to the office at the end of the week on the work undertaken and any issues that may have arisen.

Just Motors provide a uniform to Giorgio comprising blue work overalls, a blue fleece and a blue polo shirt which he is required to wear. All items of the uniform are branded with Just Motors name and their logo.

Please advise Giorgio about his employment status.You should identify any key tests that would be applied by an Employment Tribunal or court in making this decision and discuss their application to these facts as part of your answer. Cite relevant case law, statutes and the sources of key theories and arguments etc.