Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs

Employee/independent contractor characterisation is determined by the legal rights and obligations in the written contract, not the totality of the relationship.

HCA confirmed that employee/contractor distinction is determined by contractual terms alone, rejecting the multi-factorial totality-of-relationship test.

A casual employee's status is determined by the contractual terms at engagement; regularity of work pattern does not transform casual employment into permanent employment.