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Diana Kloss considers those who are neither ‘employees’ nor genuinely self-employed. What have court cases been saying, and would the proposals in the Taylor Review issued in July be helpful? One of the most taxing problems in employment law is the question of how to define an employee. Why is that important? Because a number of statutory rights are conferred only on employees, for example the right to claim unfair dismissal. Why should this be?
Diana Kloss reviews a decision that the way an employer conducted a psychometric test as part of its recruitment process was unlawful disability discrimination. Where a person has a disability as defined in the Equality Act 2010 employers have a duty to make reasonable adjustments to premises or provisions, criteria and practices (PCPs), including examinations and entrance tests designed to identify whether the applicant is qualified to