Employee, worker or neither?

The first factor to establish when considering what employment rights and protections an individual might have is whether the individual is an employee, worker or self employed. This year we have learned:

  1. Is the status of limited liability partners different to traditional partnerships? The Court of Appeal say 'oh no they aren't' employees (Tiffin v Lester Aldridge), the EAT reply with 'oh yes they are' workers, but the Court of Appeal respond with 'oh no they aren't' workers either (Clyde & Co LLP v Bates van Winklehof).
  2. While a part-time judge has worker status (O'Brien v Dept for Constitutional Affairs), more exotically, a lap dancer was held to have the more protected employee status (Quashie v Stringfellow).