Problem: Mr Pedro works as a self-employed cleaner. He has a contract with C4U cleaning company in South London. The contract with C4U cleaning company stipulates that he:
- must wear a company uniform when carrying out the job for the company
- must provide cleaning services for C4U cleaning company only
- must work at least 30 hours per week
- must carry out the cleaning job in person
Mr Pedro wants to go to court because he does not receive statutory sick pay for any sick leave.
(i) What reasons might Mr Pedro use to support the argument that he is an employee who is entitled to statutory sick pay for his sick leave?
(ii) What argument could be made that Mr Pedro is not an employee and is therefore not entitled to sick pay?