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Analysis of Employement Law Cases - Case Study Example

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The author of the"Analysis of Employment Law Cases" paper analyzes the provisions of the employment law which ensure several rights to employees and protect their interests. A contract can be either express or implied; and if it is express, it can be either oral or written.  …
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Analysis of Employement Law Cases
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Download file to see previous pages For instance, Section 82(1) of the Sex Discrimination Act 1975 provides statutory protection to workers who are working under a contract personally to execute any work or labor. It also covers self-employed people2.

Other statutes, such as the Working Time Regulations 19983 and the National Minimum Wages Act 19984, are appliable to workers, in addition to employees5. Hence, all these rights and protections are available to Fred, even if he were to be deemed a self-employed person.

Some of the more important rights bestowed upon employees by the employment law are the right to claim wrongful or unfair dismissal and payment for redundancy. Other legislation, such as the health and safety statute and the insolvency legislation, also provide substantial protection to employees. The law distinguishes between employees working under a contract of service and independent or self-employed persons who work under a contract for services6.

Hence, it is important to decide whether Fred is an employee or a worker of the company. The case of Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance proved to be a landmark decision in the field of employment. This decision provided a test to determine the status of employment. The court established three conditions to determine whether there was a contract of service7.

First, there should be an agreement between the servant and the master, in accordance with which the servant agrees to provide his work or skill in the performance of service to the master. In return, the servant must receive wages or remuneration8.

Second, the servant may have agreed either expressly or by implication that for the duration of the performance of that service, this servant will be under the supervision of the master. Third, the other provisions of the contract between the servant and the master should conform to that of a contract of service9. ...Download file to see next pagesRead More
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