Introduction The employment status has always been lying on the heart of the UK labour law. It is the most fundamental jurisdictional point as the status of an individual is very significant for legal and financial reasons. Most importantly the status of an employee will enable one to enjoy the statutory protections rights but not for the independent contractors. In order to determine the status of an individual, the courts have come out with several tests since 19th century. However the tests are criticised as outdated and insufficient due to the decline of the traditional manufacturing industries . Furthermore the encouragements of the government of the flexibility of work and the expansion of the IT field have changed the nature of the employment concern nowadays . The question requires one to critically evaluate the current modern approach to determine employment status. The modern test has been criticised as too vague and difficult to apply. In order to evaluate the position one will firstly state the factors that are considered during application. One will also analyse each factors particularly discuss the position of atypical workers. Lastly the reforms will be suggested as one will concluded that the current test is vague and need to be clarified. The Multi-factors Test The test was laid down in the Ready Mixed Concrete case where the court will weigh all the factors that suggest that an individual is an employee or independent contractor and come to the
(Connor Homes) v Canada, 2013. The appellant had hired individuals as independent contractors and had them sign contracts to that effect. However, upon the evidence of the case, the FCA found that the workers were employees, rather then independent contractors. The test in Wiebe Doors was applied but the court felt the proper test was a 2-Step test. Under the first step, there is the subjective element that looks at the intent of each party, to be employed or be a contractor. The second step concerns objective reality and the factors considered in Wiebe Doors. Applying this recent test, it would still appear Bryan is an
Employers have legal obligations, when drawing up a job description. The law states that employers must not discriminate against a persons, age, race, sex, religion or disability.
Three different types of employment status are an employee, a worker and self-employed. An employee can be part-time, full-time, permanent or temporary. They will work under a contract of employment which can be written or verbal. They have full rights. All employees will be workers but not all workers are employees. Workers do still have some rights. Workers will be working under various contracts. Workers do have part rights. This is one
Identify and analyse the reasons why it is important to determine an individual’s employment status.
– Identify and analyse the reasons why it is important to determine an individual’s employment status
- Describe the role played by the tribunal and courts systems in enforcing employment law
1.3 Identify and analyse the reasons why it is important to determine an individual’s employment status.
However, life has changed, globalization and feminism have had a huge impact on the work environment all around the world. Technology has also made many jobs easier, yet very, very similar. Because of these changes, unemployment has become an issue all around the globe. The government views the unemployment situation as an individual problem. From the government’s perspective, unemployment is due to the lack of training of the individual. However, because
Truly, the best possible situation is to modify the welfare system, in order to properly ensure the cooperation of the individual who employs welfare’s benefits. Doing so, can to some extent promote the ideas of individualism in order to reduce the culture of dependency, while remaining true to the basic concept of a welfare state. One possible form of adapting the welfare system is to promote job seeking, requiring the individual to meet a certain quota of job applications, and interviews over a given time period, in order to ensure the individual is actively searching for a job, rather than relying solely on their benefits. This embraces the individualist ideas presented by the source, and reduces the dependency of the individual upon the welfare state. Another possible modification is the reduction of the amount of consecutive time one can spend on the benefits of the welfare system, barring recession. This modification would work hand in hand with the first modification to ensure the individual is adequately attempting to rejoin the workforce. However, in a recession, which would be identified by the government, there would be increased latitude extended to the individual in the regard of job seeking. This also embraces some individual characteristics, while maintaining the welfare system for the individual’s
It is certainly true that the current law defining the employment status of ‘workers’ is uncertain, as it is wholly inflexible to deal effectively with cases of non-standard forms of employment, atypical workers, for example: agency workers, part-time workers, fixed-term workers, as required workers and homeworkers. Thus, reform is necessary to redress the concerns of lack of legal certainty in relation to this area of the law.
The general principles of contract law rule the structure of the contract of employment. A contract of employment is a contract by which a person, the worker, takes on for a limited or undefined period of time to do work for payment according to the instructions and under the direction or control of another person, the employer. Inside the structure of a contract of employment, a person carries out the service of work, gets payment and the work is carried out according to the direction and supervision of the employer. "The terms of the contract may be either in writing or given orally, but both are equally binding and enforceable. When a person is hired to be an employee, the person enters into a contract of service, which is an employer/employee relationship" (Determining the Employer/Employee Relationship - IPG-069, 2012).
The Classification between an independent contractor and employee has raised a number of issues throughout the past 50 years. Failing to create an effective formality to be applied by the courts to any particular case, it has lead to commercial uncertainty through Australia. This essay will analysis Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 decision regarding the high court process in distinguishing between whether there was an relationship between the employer of employer/employee or employer/independent contractor.
Over time, both the volume and complexity of employment law that originates in the EU has grown considerably.
Sociologists study human society. Their subject matter includes human behaviour in various social contexts, social interaction, social institutions and organisation, social change and development (Haralmbos, Van Krieken, Smith & Holborn 1999). For this reason, unemployment is an issue which sociologists delve. Unemployment has far reaching affects in all areas of society. Stratification in the areas of age, race, class, gender, ethnicity, sex and disability is rife amongst the employed and unemployed alike, unemployment creates further segregation amongst these already stratified people. This essay will look at unemployment from the functional and conflict theory
The aim of this Assessment is to demonstrate an understanding of employment regulation and how it is enforced. Other areas covered include; how to manage recruitment, manage issues relating to pay and working time lawfully and how to ensure that staff are treated lawfully when they at work. Finally it will cover managing performance and disciplinary matters lawfully.