11. CASES on employment, data protection and intellectual property law. Flashcards
Methodist Conference v Preston (2013)
The relationship between a minister of religion and their church was deemed not to be one of ‘employment.’ She could therefore not bring a claim for unfair dismissal.
United Bank Ltd v Akhtar (1989)
An employer’s exercise of a mobility clause under which insufficient notice was given, followed by their ignoring requests from the employee for a reasonable notice period was deemed to be unfair.
Wright v North Ayrshire Council (2013)
An employee was successful in a claim of unfair (constructive) dismissal due to his employer’s responses to requests for consideration in respect of his wife’s illness.
Coulson v Felixtowe Dock & Rly Co (1975)
An employer was deemed to have fairly dismissed an employee who became physically incapable of the work for which they were engaged. They had acted reasonably by giving, time, warnings and support.
BBC v Farnworth (1998)
A radio producer was deemed to have been made redundant lawfully despite their employer advertising for radio producers. They were able to show that the work was of a materially different kind and therefore that they had no need of their current employee’s continued service.
Troutbeck SA v White and Todd (2013)
Caretakers with considerable autonomy over the running of a farm for an absentee landowner were deemed to be employees. Despite their having such autonomy their ‘employer’ nevertheless retained a contractual right of control over their day to day work.
Tiffin v Lester Aldridge LLP (2012)
A ‘partner’ in a firm, however junior and whatever their right to management, control, or profits, can never be deemed an employee.
Mersey Docks v Coggins (1946)
The Mersey Docks and Harbour Board were deemed to still be the ‘employer’ of workers that they had hired to a third party because they still retained ‘control.’
Cassidy v Ministry of Health (1951)
Despite having professional autonomy over their work, a surgeon was deemed to be so ‘integrated’ into the hospital in which they worked that they could be deemed an ‘employee’ for the purposes of extending vicarious liability to the employer.
The economic reality test was established in the … case.
Readymix Concrete
‘Readymix Concrete’ established the … test.
economic reality test
The economic reality test: RFPS*, AOC, OTCWE
remuneration for personal service
The economic reality test: RFPS, AOC*, OTCWE
acceptance of control
The economic reality test: RFPS, AOC, OTCWE*
other terms consistent with employment
The economic reality test, as outlined in ‘Readymix Concrete.’
Remuneration for personal service.
Acceptance of control.
Other terms and conditions consistent with employment.
