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Roxanne is a plumber who has worked for Leaks R Us for 18 months under a written agreement. This states that she is self-employed. Roxanne
Roxanne is a plumber who has worked for Leaks R Us for 18 months under a written agreement. This states that she is self-employed. Roxanne undertakes a range of installation and repair work, for both domestic and commercial customers of Leaks R Us. She is paid on a monthly basis for the hours she has worked (at a rate of 15/hour for her standard 40 hours work each week, 30/hour for hours worked in excess of 40 hours). Roxanne is responsible for her own tax and national insurance. Payments for work are made by customers directly to Leaks R Us. Leaks R Us require Roxanne to work a minimum of 40 hours a week. At the start of the week, Leaks R Us provide her with a schedule of work to be undertaken in those hours. During the week she can chose whether to accept further assignments (for which she gets paid at the higher rate of pay). Once she has received the weekly schedule, Roxanne decides exactly how the work is to be undertaken on site - she has the necessary qualifications and experience to work out what needs to be done. She is free to choose exactly when she works during the week, provided that assignments are completed by the deadline agreed between Leak R Us and their customer (and subject to Roxanne being able to access the customer's premises to do the work). If one of the customers has an urgent job, Leak R Us can require Roxanne to deal with this in priority to any other work she is undertaking. If Roxanne is unable to work due to illness or agreed holiday (for which she does not get paid), then she is expected to arrange for another plumber to attend from an approved list of qualified plumbers held by Leak R Us. Leak R Us pays the other plumber directly when this happens. She is free to take on work from other companies, as long as this does not prevent her from doing work for Leak R Us - in reality this means she can only do work for other people at weekends because her working week is a busy one. Leak R Us provide a company van (which is covered with advertising logos) and pay for insurance and petrol. Leak R Us also provides the materials required for the repairs and installations. Roxanne provides her own work tools Roxanne has to come into Leak R Us' office at the beginning and end of each new project. On projects lasting more than a week, she comes in regularly to discuss progress with a supervisor or manager. Roxanne is required to wear blue trousers and a pink, branded, 'Leak R Us' polo shirt supplied by the company. Advise Roxanne about her employment status. Is she best described as an employee or self-employed? 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
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