Brian, a building laborer, has worked for Bigger Builders for the past six years.

Brian, a building laborer, has worked for Bigger Builders for the past six years. When Brian took the job he was told that he was self-employed and that he had to look after his own tax and national insurance. Brian’s work is not skilled and he uses the tools provided by Bigger Builders. On three occasions when Brian could not work personally his brother did the day’s work instead. This situation was accepted, reluctantly, by the foreman. About half of the money which Brian receives from Bigger Builders is by way of bonus. The other half is paid at a flat hourly rate. Consider whether or not Brian is likely to be an employee of Bigger Builders.

2 Charlene has worked as a sales representative of Fancy Products Ltd for 15 years. Every three months the sales representative with the best sales has been given a bonus of £250. The office manager has now

Stuck a notice on the sales representatives’ office wall, stating that the bonus will no longer be payable. To what extent will the sales representatives be bound by the provisions of the notice?