CHECK THESE SAMPLES OF The Common Law in Determining Who Is an Employee
The essay "Uses of Employment law in the UK" focuses on the critical analysis of the confusing and contentious issues associated with employee status in the UK and at the same time illustrates why employee status is important, particularly in more recent times.... The European Union Committee of the House of Lords characterized employee status in the UK as 'confusing' and 'contentious'.... No single factor determines employee status under UK law and oftentimes, the only recourse to an Employment Tribunal will be able to determine employee status....
14 Pages
(3500 words)
Essay
The statutory provision is bolstered by the Ready Mixed Concrete test (Ready Mixed Concrete (South East) Ltd v Minister of Pensions & National Insurance [1968] 2 QB 497), which requires an examination of the 'overall picture' (Jupp, 2005)The starting point for determining whether an individual is an employee is the 'control' test (Honeyball & Bowers.... 2006) and it is necessary to refer to the common law test for defining the status of employees.... The study "Unfair Dismissal under the UK Employment Law" presents an analysis of whether Bill and the nannies are protected from dismissal under the UK employment law, according to the evaluation whether they satisfy the legal requirement of being an employee under the UK law....
6 Pages
(1500 words)
Case Study
he statutory provision is bolstered by the Ready Mixed Concrete test (Ready Mixed Concrete (South East) Ltd v Minister of Pensions & National Insurance [1968] 2 QB 497), which requires an examination of the 'overall picture' (Jupp, 2005) The starting point for determining whether an individual is an employee is the 'control' test (Honeyball & Bowers.... 2006) and it is necessary to refer to the common law test for defining the status of the employee.... From a statutory perspective, the legal definition of employee is described under Section 230(1) of the Employment Rights Act 1996 (ERA) as 'an individual who has entered into or works under....
6 Pages
(1500 words)
Essay
To this end, it is submitted as a central proposition in this paper that whilst the traditional test of employee status was logical in distinguishing between employee and self-employed; the changing nature of contemporary work arrangements have led to inconsistency in tribunal determinations distinguishing between an employee and self-employed status.... Moreover, it is reiterated that whilst the inconsistency of judicial determinations regarding employee status clearly undermine established employment law principles; The legal status of a worker as an independent contractor or employee is fundamental in determining the rights of a worker, particularly in light of the increasing employee-centric protective legislative framework....
9 Pages
(2250 words)
Coursework
In an employer-employee relationship, the common law basis of laissez-faire contracts may reinforce existing inequalities, placing the employer in a superior position of social and economic bargaining over workers.... In particular, the writer discusses whether or not you agree that it is fair that the courts – rather than the parties to a contract – should decide whether or not a person is an independent contractor or an employee.... ontract law principles premised on common law form the legal basis of the employment relationship....
10 Pages
(2500 words)
Essay
This work called "Employee Status" describes the common law tests developed to determine employee status is unsatisfactory and why.... The emphasis is on the common law tests used to determine employee status.... In this regard, the common law tests for determining the master-servant relationship which necessarily flows from the older notion of master and servant is no longer compatible with modern notions of the employee/employer relationship....
14 Pages
(3500 words)
Coursework
The Fair Work Act 2009 considers an employee to be unfairly dismissed where the employee has been dismissed, where such dismissal was harsh, unjust or unreasonable and where the dismissal does not form part of genuine redundancy.... The Fair Work Act 2009 considers an employee to be unfairly dismissed where the employee has been dismissed, where such dismissal was harsh, unjust or unreasonable and where the dismissal does not form part of genuine redundancy.... The Fair Work Act 2009 considers an employee to be unfairly dismissed where the employee has been dismissed, where such dismissal was harsh, unjust or unreasonable and where the dismissal does not form part of genuine redundancy....
17 Pages
(4250 words)
Assignment
nfair dismissal is when an employer terminates an employee's employment in a harsh, undue or unreasonable way.... (Freyens, Benoit and Oslington 295) The Fair Work Commission finds an employee unfairly dismissed under various circumstances.... In the decision, the Commission made several observations about how to determine if an employee is a regular and systematic worker of a business.... Lastly, the employee should have worked for the small business, and the discharge was not in accord with the Small Business Fair Dismissal Code (James, Natalie and Fair Work Ombudsman, 38)....
17 Pages
(4250 words)
Assignment