A. Persons protected
A key question is whether the worker is an employee or an independent contractor. At common law, the employer’s special duty to take reasonable care for safety is owed to employees, while an independent contractor is generally not owed that duty merely because they were hired.
The label used in a contract (e.g., "independent contractor") is relevant, but it is not decisive. An employment relationship cannot be created or avoided merely by labelling it in the contract. Courts will always look at the real substance of the working relationship, not just what the parties have written down.
This means that even if you signed a contract calling yourself a "freelancer", "consultant", or "self-employed contractor", you may still be treated as an employee in the eyes of the law — and therefore be entitled to the full protection of the employer's common law duty of care.
Courts weigh up a range of factors when determining the true nature of a working relationship. No single factor is conclusive on its own — the court looks at the overall picture. The following table sets out the key indicators:
| Factor | Points Towards Employments | Points Towards Independent Contractor |
| Control | The hirer directs how, when, and where the work is performed | The worker decides their own methods and working arrangements |
| Exclusivity | The worker works only for that employer and not for others | The worker is free to work for multiple clients |
| Substitution | The worker cannot send someone else to do the work | The worker can send a substitute in their place |
| Equipment | The employer provides tools, machinery, and equipment | The worker provides and maintains their own tools |
| Premises | The worker must attend and work at the employer's premises | The worker decides where the work is carried out |
| Hours and Pay | The employer sets working hours and the rate of pay | The worker negotiates their own fees and schedules |
| Profit and Loss | The worker does not share in business profits or benefit from efficiencies | The worker can profit from good management or bear financial losses |
| Business Risk | The worker is not exposed to the risks of the business | The worker can profit from good management or bear financial losses |
| Integration | The worker is an integral part of the employer's organisation | The worker operates as an independent business providing a service |
