LG1 EMPLOYMENT REVISION
Workers and employees’- tax deducted before receiving salaries.
Only employees get maternity leave
Workers/ casual workers/ agency workers- only get maternity pay if
it’s stated in their contract.
Self-employed individuals pay tax twice a year- don’t get any benefits.
Employee= s. 230 (1) Employment Rights Act 1996- An employee is
“an individual who … works under … a contract of employment”.
s.230 (2) Employment Rights Act 1996- A contract of employment is “a
contract of service … whether express or implied, and (if it is express)
whether oral or in writing”.
Test for an employee: Ready Mixed Concrete (South East) Ltd v Minister
of Pensions and National Insurance [1968]- employee has to provide the
work personally, mutual obligation including for employers to provide
work, employees must be under employer’s control.
1) Perform the work personally- the work must be personally performed
Case of MacFarlane- a substitute can be provided if they cannot perform the
work.
2) Mutuality of Obligation- The employer must provide work for the employee
to perform creating the relationship. The employer being the master. Case of
Cotswold v William
0-hour contract jobs- Wilson v Circular Distributors Ltd [2006]- Employer
doesn’t always have to provide work BUT it is still and employee-employer
relationship.
•Worker= s.230(3) Employment Rights Act 1996- (b) any other contract,
whether express or implied and (if it is express) whether oral or in writing, whereby
the individual undertakes to do or perform personally any work or services
for another party…
Worker does not get full rights compared to and employee. Case of Clyde v Bates
– She was a worker.
Worker CANNOT appeal for unfair dismissal and redundancy payments
Case of Pimlico- Deals with the evidence which Is needed to establish those who
work in a self-employed business- Uber, Deliveroo
Burden of proof on employer
Relevance of description in and any provision of a contract
Tribunal may look beyond the contract itself
Workers and employees’- tax deducted before receiving salaries.
Only employees get maternity leave
Workers/ casual workers/ agency workers- only get maternity pay if
it’s stated in their contract.
Self-employed individuals pay tax twice a year- don’t get any benefits.
Employee= s. 230 (1) Employment Rights Act 1996- An employee is
“an individual who … works under … a contract of employment”.
s.230 (2) Employment Rights Act 1996- A contract of employment is “a
contract of service … whether express or implied, and (if it is express)
whether oral or in writing”.
Test for an employee: Ready Mixed Concrete (South East) Ltd v Minister
of Pensions and National Insurance [1968]- employee has to provide the
work personally, mutual obligation including for employers to provide
work, employees must be under employer’s control.
1) Perform the work personally- the work must be personally performed
Case of MacFarlane- a substitute can be provided if they cannot perform the
work.
2) Mutuality of Obligation- The employer must provide work for the employee
to perform creating the relationship. The employer being the master. Case of
Cotswold v William
0-hour contract jobs- Wilson v Circular Distributors Ltd [2006]- Employer
doesn’t always have to provide work BUT it is still and employee-employer
relationship.
•Worker= s.230(3) Employment Rights Act 1996- (b) any other contract,
whether express or implied and (if it is express) whether oral or in writing, whereby
the individual undertakes to do or perform personally any work or services
for another party…
Worker does not get full rights compared to and employee. Case of Clyde v Bates
– She was a worker.
Worker CANNOT appeal for unfair dismissal and redundancy payments
Case of Pimlico- Deals with the evidence which Is needed to establish those who
work in a self-employed business- Uber, Deliveroo
Burden of proof on employer
Relevance of description in and any provision of a contract
Tribunal may look beyond the contract itself
