Question 1

Raj has worked as a delivery driver for OnTime Limited for six months. He has a written 'service agreement' with OnTime which states that he is self-employed.

Under the terms of this agreement, OnTime provide Raj with a van. Raj is required to organise regular servicing of the van at an authorised dealer and send the bill to OnTime. Raj is required to report at the depot at 7.30 am every morning where he is given a list of deliveries. He is free to choose the route he takes and is free to finish work when he has completed his daily deliveries. Raj is required to wear a uniform supplied by OnTime. He is not permitted to work for anyone else. If Raj is unable to drive at any time he is required to provide a substitute driver from an approved list supplied by OnTime. The company is obliged to pay the substitute driver.

Raj is paid according the number of deliveries he carries out each day. He pays his own tax and national insurance contributions.

Raj was dismissed by OnTime last week following an argument about holiday pay (OnTime do not pay it; Raj told his manager that the company should.)

Advise Raj on his employment status. You should identify any key tests that would be applied by an employment tribunal or court and discuss their application to these facts as part of your answer.