Originally Posted by homeguard
No.
Read the judgement by the Special Commisioners that i gave earlier using the link. It is the first judgement that defines self employed vs employed. The judgement requires careful reading but is definative in its scope.
Homeguard,
This whole discussion is rather relevant to me, as I'm about to start my training and intend to reclaim the VAT as I anticipate working as an instructor on completion.
In the case of point (i):
(i) - the servant agrees that in consideration of a wage or other remuneration he will provide his own work and skill in the performance of some service for his master.
I think this is not satisfied, in that there is no "wage" as long as a retainer is not paid - is this your opinion?
for (ii) - He agrees, expressly or impliedly, that in the performance of that service he will be subject to the others control in a sufficient degree to make that other master
I think this is not satisfied either, since an instructor is under no obligation to give notice for example if he chooses to accept no more work, and is also in control of when and how the lessons are provided - that is, the instructor is finally responsible for covering the required material, and is responsible for deciding whether to fly or not on a particular occasion for reasons such as weather, aircraft maintenance etc.
and for (iii) I am of the opinion this is bluster. If "the other provisions of the contract are consistent with it being a contract of service" is a test, how do we know what "other provisions" are considered consistent with the existence of a contact of service - it is this on which I'm most interested in your opinion.
Will be interesting to see how this turns out.