The Impact Of Current Common Tests On Employment Law

Wages: The act determines methods of wage payment and establishes the right for you to not suffer from unauthorised wage reductions.

Given the culture these days of “No Win - No Fee” solicitors, the majority of employers have legal expenses cover that allows them to be guided through all employment issues by professionals who have the expertise in employment law. Owners/managers are advised to use this service for even the smallest employment issue as not following due process can prove costly for employers. In addition, these experts and the advice they give are non-biased and in accordance with current employment legislation.

It is important to establish the nature of the employment relationship as this is key to determining the employment rights to which an individual is entitled. In employment law a persons employment status helps determine;

The main features of current employment legislation are:- Health and Safety at Work Act (1974), Minimum Wage Act (1998), Pensions Act (2008), Employment Rights Act (1996), Disability Discrimination Act (1996), Rehabilitation of Offenders Act (1974), Sex Discrimination Act (1975) and the Race Relations Act (1976) .

* 3 different types of employment status and 3 reasons why it is important to clarify/determine an individual’s employment status

The implementation of the Fair Work Act 2009 which came into force on January 1st 2010, was to create a national workplace relations system for the purpose of setting wages and conditions of employment. This legislation is overlooked by the Fair Work Commission and ombudsman, whose role is to maintain a safety net of minimum wages and conditions and ensure compliance with the Fair Work Act. The creation of the Fair Work Act (2009) is to regulate business cooperation’s for the purpose of providing safety nets for minimum wages and entitlements, flexible working arrangements and ensure fairness at the workplace. Under the Fair Work Act 2009, ten National Employment Standards

The aim of this early conciliation is to encourage as many cases as possible to settle ‘compromising’ the claim through a settlement agreement (previously called a ‘compromise agreement’) an agreement achieved through Acas conciliation (a ‘COT3’). Appendix 3 is an early conciliation Flow Chart (ACAS)

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

The definition of 'employee' and 'worker' differs slightly from one area of legislation to another, but generally workers have less rights

This paper focuses on the effect that temporary employment such as zero hour contracts have on the wellbeing of employees, it gives a brief definition of what a zero hour contract is, and how they have changed throughout the years eg how they were used in previous years before being called zero hour contracts, why the use of zero hour contracts is on the rise in the UK business market, and investigates the benefits and detriments of these contracts in regards to employees, it will also look at the financial benefits to the employers who use these contracts, and the type of culture that surrounds the employees who are employed on these contracts, It will also investigate

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.

his article contains an overview of the complex network of labour relations dynamics and organizational flow in the new legislative landscape of labour relations. It sketches the hierarchy and protocol of the different protagonists in the labour market and explains the number of principles and influences amidst the myriad of legislative and ad hoc regulatory precepts. It also touches on the impact the general rights of workers and their representative bodies have on the economic forces and health. The article stipulates the sensitive, yet core role that the government has to play in attempting to reach an

The ease at which a lawyer can manipulate a contract is aggravated by the incapacity of the worker to understand and contest a contract. The worker seldom drafts contractual terms and there is largely unsupported evidence to suggest that workers would knowingly classify themselves as an independent contractor. As the unanimous decision in Autoclenz rightly identifies, albeit in a different industry, employers are in a “position to dictate the written terms which the other party has to accept”. In some ways, using contracts to determine the legal relationship in this context is inherently flawed when one considers the fundamental inequality in bargaining power between an employer and worker in what is viewed as an asymmetrical relationship. That is to say, inequality in bargaining power makes it easier for lawyers to draft contracts in an organisation’s favour. The Lords unanimously upheld the decision of Aikens LJ in the Court of Appeal, and his determination that the inequality of bargaining power should result in a different approach to the contract. Contradicting this view, Peter Bosa in his submission to thr ABCC Inquiry argues that such a suggestion is “paternalistic”, and that in fact workers “are very good at looking out for themselves”, because without workers, they can have no business. His support for the common law test is that it is both entrenched and the “most reliable method”. Yet, Dr Underhill’s research on the industry found that the businesses