Employment Status
Employment Law in Context and Brexit
Employment Law - Rules, regulations, rights, and responsibilities that employers and the peopl
Brexit - Employee protections enshrined under EU law could be rewritten.
EU Working Time Directive: 48 hour work week.
Key Institutions and Organisations
ET - Employment Tribunal.
EAT - Employment Appeals Tribunal.
ACAS - Advisory Conciliation and Arbitration Service.
Categories of Employment Status
Employee; Worker; Self-Employed.
Importance
Tax and National Insurance contributions - Deducted automatically by employer before paid
Self-employed - File yourself at two separate points in the year.
Different contractual rights/obligations.
Employee - Can claim unfair dismissal or redundancy.
Worker or self-employed - Cannot claim.
Vicarious liability.
Employees - Greater statutory rights.
Employee Definition.
Employment Rights Act 1996, s.230 (1): an employee is “an individual who … works under … a
Employment Rights Act 1996, S.230 (2): defines a contract of employment as “a contract of ser
implied, and (if it is express) whether oral or in writing”.
Does the individual have a contract of service or a contract for services?
Employment Law in Context and Brexit
Employment Law - Rules, regulations, rights, and responsibilities that employers and the peopl
Brexit - Employee protections enshrined under EU law could be rewritten.
EU Working Time Directive: 48 hour work week.
Key Institutions and Organisations
ET - Employment Tribunal.
EAT - Employment Appeals Tribunal.
ACAS - Advisory Conciliation and Arbitration Service.
Categories of Employment Status
Employee; Worker; Self-Employed.
Importance
Tax and National Insurance contributions - Deducted automatically by employer before paid
Self-employed - File yourself at two separate points in the year.
Different contractual rights/obligations.
Employee - Can claim unfair dismissal or redundancy.
Worker or self-employed - Cannot claim.
Vicarious liability.
Employees - Greater statutory rights.
Employee Definition.
Employment Rights Act 1996, s.230 (1): an employee is “an individual who … works under … a
Employment Rights Act 1996, S.230 (2): defines a contract of employment as “a contract of ser
implied, and (if it is express) whether oral or in writing”.
Does the individual have a contract of service or a contract for services?