Summary
Summary Atypical Worker
- Module
- Employment Law (LAW5071)
- Institution
- Birmingham City University (BCU)
A document detailing the atypical worker.
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Atypical WorkerDefinition 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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