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Summary Atypical Worker

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A document detailing the atypical worker.

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  • June 23, 2023
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  • 2022/2023
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Atypical Worker
Definition of Worker - Employment Rights Act 1996
Permanent contract; single and identifiable employer; on employer's premises.

Remains worker despite there being work or not.
Collier v. Sunday Referee Publishing Co. Ltd [1940] 2 KB 647, Asquith J.




Individual doesn't meet all requirements - 'Atypica
Someone who doesn't fall into traditional role of full-time employee, working for single employ
employment of indefinite length.

Can include part-time workers, remote, or home.

Absence of mutuality of obligations - employer has to give work; employee has to complete - C
[1998] ICR 1167.




Concept of Flexibility
Covers several patterns of work such as part-time; home working; flexitime.

Workers needs:

Employment Rights Act 1996, part 8A - Employees have right to request flexible working.
Changes terms and conditions of employment.




Financial Pressure on Employers
Employers respond to various pressures through use of 'atypical' workers.

Zero-Hour Contracts - Small Business, Enterprise and Employment Act 2015, s27a.

Fixed Term Contracts - Fixed-term Employees (Prevention of Less Favourable Treatmen
2002/2034).

Agency, Seasonal and Casual Work - Agency Workers Regulations 2010, s3.

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