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Employment Law Revision Notes
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All my notes from lectures and workshops condensed down to revision notes. I got a high 2:1 using these notes.
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, Employment StatusThere Each for is important find
are 3
types of
employment status . offer a different set of
obligations the
employer ,
which
why it is to out .
Employee :
"
An is individual who works 5230 Ci )
Employment Rights Act 1996
''
under
employee an a contract of
employment
-
. . - . .
.
" "
A contract of
employment is a contract of Service . . . Whether express or implied ,
and ( if it is express ) whether oral or in
writing -
5.230 Cz ) ERA 1996
-
A is
likely
contract for services most self -
employed
✓
A contract of services is
employee
an .
There is a 3 elements to determine if
you are an
employee as set out in
Ready mixed Concrete v minister of Pensions :
0
Perform the work personally -
can only Provide a substitute if UNABLE to work , UNWILLING to is self -
employed .
Express & Echo V Tanton
-
Limited entitlement to Provide substitution ie . INABILITY TO WORK =
employee . MacFarlane v
Glasgow City Council
-
Holiday and sickness counts as an
inability to work . James v Red cats ( Brands ) Ltd -
•
Mutuality of
obligation
-
An
obligation to work and an
obligation to
Pay For that work . Cots world Development construction V Williams
-
Employee does not
always need to have work available but when he does the
obligation must exist
. . Wilson v circular Distributions
• --
Control
''
-
person who is subject to the command of his master as to the manner in which he shall do work . Yewens V Noone 1880
Workers :
5230 (3)
Employment Rights Act 1996 Sets out the definition of a worker .
-i
A) a contract of employment , or
b) any other contract ,
whether express or implied and ( if it is express ) whether oral or in
writing ,
whereby the individual undertakes to do or perform Personally
any work or services for another Party to the contract whose status is not
by virtue or . the contract that of a client or customer of
any
Profession
1)
or business undertaking carried on
by the individual .
Summarised
-
worker if
you agree to do the work ( service Personally and
your employer is not a client or customer .
Unlike the self -
employed workers have
rights
and Protections when
they act as a whistleblower .
Clyde & co v Bates van Winkeihof
The :
Gig Economy
OF the is
Typically there is mutuality obligations in
gig economy which leads to
employers arguing someone self
employed
-
no .
Employers win use many different reasons as to
why someone is self employed
- and not an
employee .
0
When when its available worker ( Uber for Plumbers ) Pimlico plumbers Smith
an
employer gives work v
.
,
or
but believe
Uber Bv and others v Asian and others
ongoing
case
currently ET they are workers .
Directors and
Employment status
A director can be but there is conflict this Shareholder everything but
they protected
an
employee a lot of about as usually loses as an
employee are .
a
for Enterprise
Secretary of State Business , and Regulatory Reform v Neufeld
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