Employment Law

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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 at the contract as a whole to decide whether the individual was in business on his own account. 5) Control, providing equipment, hiring helpers, financial risk, regular hours, method of payment. 6) Is there mutuality of obligation? Both the Ee and Er own each other duties. 7) Ready mixed concrete Ltd V MPNI [1969]Held: the drivers were not employees but independent contractors as they were operating at their own financial risk. They had freedom in the performance the ability to delegate to make them independent contractors. Mckenna J identified three conditions for a contract of service: 1) The Ee agrees that in return for a wage or other payment he will provide work and skill in performing a service for the Er. 2) The Ee agrees expressly or impliedly that in performance or impliedly that in performance of that service he will be subject to the Er’s control. 3) That the other provisions of the contract are consistent with it being a contract of employment. Ready mixed concrete Ltd V MPNI [1969] A contract of service exists if 3 conditions are fulfilled:1) The servant agrees that in consideration of a wage or other remuneration, he will provide his own work and skill in the performance of some service for his master. 2) He agrees expressly or impliedly that in the performance of that service he will be subject to the other’s control in a sufficient degree to make that other master. 3) The other provision of the contract is consistent with its being a contract of service. Economic reality test: Market Investigations Ltd V Ministry of Social Security [1969]-A woman was intermittently engaged by a market research company as an interviewer for a fixed remuneration, she was given detail instruction on the performance of her obligation. Held: the economic reality test was applied. She was not in business on her own account and was an Ee. Temporary or casual workers O’kelly V Trusthouse Forte Plc [1983] ‘regular casual’ as opposed to a ‘casual casual’ working when requires as a waiter. There was an understanding that he would accept work when offered and that the er would give him preference over other casuals. The regular casuals were employed full time and had no other job. There was special grievance and disciplinary procedures applicable to them and they received a kind of holiday pay. The company provided a uniform and paid hourly. Tax and NI were made if they are Ee. COA held: no mutuality of obligation. Carmichael and Another V National Power Plc [1999] HL Held: staff who were engaged by a company on a casual ‘as required’ basis, where they were offered and performance work as guides showing visitors round a power plant as and when it arose, but were not obligated to take work and were not guaranteed that work would be available, were not Ee under contracts of employment protection act 1978 to written particulars of their terms of employment. Homeworkers and outworkers, Nethermere Ltd V Taverna and Another 1984, part time machinists who worked from home making boy’s trousers were deemed to be employees and thus able to bring claims for unfair dismissal, but in Addision V London Philharmonia Orchestra [1980] the part time players in the orchestra were not employees and thus not entitled to...
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