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The Employment Rights Act could have nailed this way back in 1996 and said that a person who performs personal service is an employee by default unless key elements are missing.

The law is a bit of a mess in this area and everyone has the right to know whether they are an employee, a worker, or self-employed.

I think the element of control will swing it here. As soon as you 'punish' someone for wanting to switch from 5 to 3 days, you are exercising significant control.

And if I call Pimlico Plumbers, I want a Pimilico Plumber and I think that is what this company seeks to project and protect.

As for Ms Monaghan's hypothetical question; she is unwilling. She has elected to do it. I don't see that as a difficult issue.