Employment Law

4459 WordsMay 14, 201318 Pages
Employment law. S230 (1) of the ERA an Ee as ‘an individual who has entered into work or works under a contract of employment.’ How the court decide: 1) they use control test-Yewens V Noakes [1880] ‘A servant is a person subject to the command of his master as to the manner in which he does his work.’ 2) Walker V Crystal Palace Football Club [1910] Emphasis changes- court looks at does the Er control the background arrangement; where and when work done; holiday arrangements. Held; footballer was employee. 3) Stevenson Jordan & Harrison V Macdonald & Evans [1952] Denning LJ posed- is their work integral; are they part of the business or an accessory to it. Are they part and parcel f the business? 4) Economic reality test, court look…show more content…
Cable& Wireless V Muscat [2006]The claimant is responsible for his own tax and NICS. In 2002 the company was take over by Cable & Wireless and treated him as Ee. But later C&W decided he was a contractor. Then M enter contract of service with an agency. The CA were accused of ‘judicial creatively’ which they seen to extend the law to agency workers. They said claimant is employee of C&W. Tripartite relationship, agency worker may not be an Ee of the agency or client. Discrimination. Protected characteristics: Age, disability, race, religion, sex, sexual orientation, marriage and civil partnership, pregnancy and maternity. ACAS Guide. The Equity Act is a mixture of rights and responsibilities that the: 1) Stay the same ‘someone is treated less favourable than another person because of a protected characteristic.2) Change Ee can complain of harassment if it creates an offensive environment for them. 3) Been extended, associated discrimination against protected characteristics. 4) Been introduced for the first time. E.g. in disability a disable person is treated unfavourable because of their condition. Forms of discrimination: Direct discrimination, associative discrimination, indirect discrimination, e.g. policy applies to everyone but against people with protected characteristics. Art 119 of the Treaty of Rome provides ‘the principle that men and women should receive equal pay for equal work.’ In Marshall

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