With reference to determining employee status, applying the implied contractual terms of the contract of employment, the process of unfair dismissal, and equal treatment in employment, assess the extent to which such a balance can be said to have been achieved.
Download file "Employment law" to see previous pages...
The focus of this analysis is to evaluate how far the law goes to strike an appropriate balance between legal certainty and “just decisions” in context of the central legal areas of unfair dismissal, employee status and discrimination law.
If we firstly consider employee status, section 230 of the Employment Rights Act 1996 (ERA) defines an employee as “an individual who has entered into or works under (or, w Let us write or edit the essay on your topic "Employment law" with a personal 20% discount.. Try it now here the employment has ceased, worked under) a contract of employment”. The section 230 definition has been criticised for being ambiguous1 and it is necessary to refer to the common law test for defining the status of an employee, which isn’t without its limitations.
The starting point for determining whether an individual is an employee is the “control” test2. This was established in the case if Yewens v Noakes3, where Bramwell LJ asserted that “A servant is a person subject to the command of his master as to the manner in which he shall do his work4”. However, socio-economic developments in the labour market have changed the shape of employment status, thereby undermining the suitability of the control test as a sole determinant of employment status5.
This was further acknowledged by the Court of Appeal in the case of Walker v Crystal Palace FC6, where the control test was given a different slant by focusing on whether the employer had the right to control the background arrangements for the work such as when and where the work was done, payments and holiday entitlements.
However, the Walker extension of the control test was further developed into the “integration” test as propounded by Lord Denning in the case of Stevenson Jordan and Harrison v MacDonald & Evans7 “…under a contract of service, a man is employed as part of the business and his work is done as an integral part of the business; whereas under a contract for services, his work, although done for
...Download file "Employment law" to see next pagesRead More
Cite this document "Employment law"
(“Employment law Essay Example | Topics and Well Written Essays - 1000 words - 3”, n.d.)
Employment law Essay Example | Topics and Well Written Essays - 1000 words - 3. Retrieved from https://studentshare.org/miscellaneous/1549919-employment-law
(Employment Law Essay Example | Topics and Well Written Essays - 1000 Words - 3)
Employment Law Essay Example | Topics and Well Written Essays - 1000 Words - 3. https://studentshare.org/miscellaneous/1549919-employment-law.
“Employment Law Essay Example | Topics and Well Written Essays - 1000 Words - 3”, n.d. https://studentshare.org/miscellaneous/1549919-employment-law.
Cited: 0 times
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC "Employment law"
Name: Instructor: Course: Date: Employment Law Employment law seeks to act as a guideline for sound practices by employers and employees in the work environment to safeguard them from exploitation and unethical practices. ABC Manufacturing company posses a decentralized human resource (HR) model where each department operates on its own set of HR practices with the head HR manager’s role being as a general overseer.
Name: Instructor: Course: Date: Employment Law Disability is term that is used to describe the situation where an individual has one or more of their faculties being incapacitated, not functioning properly or missing. Disability is caused by a myriad of factors from natural ones to man made factors.
The author states that the complexity and ambiguity surrounding the definition of atypical workers has led to confusion regarding a clear definition. Those who consider themselves employees, and therefore have access to employment rights, may turn out not to be. Individuals may have expansive employment rights by law without realising it.
There are basically two aspects regarding employment status, firstly, paid covenanted employees and secondly, agency sponsored workers; therefore the essence would lie in the characteristics of the terms and
The paper focuses on the discussion and analysis of the problems faced by a female employee. She was stated to witness certain unwanted attention from the male employees who were included in the group of employment selection at the time of her interview. These consequences proved ruining for her as she had to suffer emotional distress.
The above passage would be a perfect start for lecture on employment law. People prefer to know only what they need to know at the very moment. The majority of people do not understand why they need to learn employment law. They think that they can apply to lawyer if they need
The conclusion from this study states that despite the negativity that media, especially western ones, tend to propagate concerning Saudi women, these women are increasingly taking on a prominent role in society which allows them to not only become active participants in the workplace but also get involved in economic activities which were previously denied them.