With the aid of case law critically discuss the integration or organisational test of identifying an employee from an independent contractor. In you answer you should indicate the origins of the distinction between an independent contractor and an employee, why courts adopted this test, when was it discarded and reasons thereof.

The integration test was developed as an alternative to the control test by Lord Denning in Stevenson, Jordan & Harrison Ltd v MacDonald and Evans (1952). It relied on the role played by the worker within the organisation for which work was performed. Lord Denning stated;“Under a contract of service, a man is employed as part of the business, and his work is done as an integral part of the business; whereas under the contract for service, his work although not done for the business, is not integrated into it but is only accessory to it”. He argued that it is often easy to recognize a contract of service when you see it but difficult to say wherein the difference lies . A ship master, a chauffeur and a reporter on the staff of a newspaper are all employed under a contract for services. This test provide flexibility necessary to deal with varying types of employment relationships and the changing nature of work practises
In the above mentioned case Evans Hemming was an accountant who had been employed first as a servant and then as an executive officer by Macdonald and Evans. Shortly after he left them, he wrote a textbook on business management and submitted the manuscript to Stevenson Jordan and Harrison (a firm of publishers). He died before the book was published. Macdonald and Evans claimed that the book was written while Evans Hemming was their employee and so they owned the copyright in the work under section 5 (1) of the copyright Act 1911 UK. The book was divided into five sections. The second section was written in its final