Module 5: Employment Law Flashcards
What are the two main ways an individual can perform work for an employer?
Contract of service- employee
Contract for services- self-employed
Why is it important to be clear what type of contract exists between an individual and employer?
Employment rights Vicarious liability Taxation National Insurance Insolvency
What is the control test?
Would be an employee if the employer could tell him not only what work to do but also how and when to do it
Walker v Crystal Palace FC 1910
Professional footballer an employee as under its control with regards to training, discipline and how he was paid
What is the integration test?
Whether or not someone is part and parcel of the organisation
Under a contract of service is part of the business
Contract for service is not integrated
Cassidy v Ministry of Health 1951
Operation negligently carried out and hospital was sued, argued that it did not have control over the doctors work
Had employer appointed employee?
Hospital management had chosen the doctor and could dismiss so was vicariously liable
What are the factors within the multiple (economic reality) test?
Remuneration- regularly paid? Equipment- who provides? Work routines- specific hours? Mutuality of obligation In business own account- own business address is self employed
Ready Mixed Concrete v Ministry of Pensions and National Insurance 1968
Driver worked for a company and thought he owned the lorry, bought on hire purchase
Wore company uniform and lorry painted with logo
If unable to do a delivery appointed replacement driver
Ministry claimed he was an employee
Test whether working on his own account
Was a self employed contractor
Could decide to appoint replacement
Autoclenz v Belcher 2011
Contracts stated self employed, had to provide own materials and substitute workers
No obligation to provide them with work
Actual arrangements did not accord with these terms
Provided with work, provided materials
Bargaining strength of the parties and found it indicated employee relationship
Statement of employment terms must be given when?
Within two months of starting work if do not have a written contract
May use in a dispute in court
If statement of employment terms not given within two months?
Employee can apply to an employment tribunal at any time after the two month period or within 3 months of termination
What matters must the statement of employment terms cover?
Names Date Remuneration Hours T and Cs for holidays, sickness pay etc Length of notice Period of employment if fixed term Job title or description Place of work Collective agreements Disciplinary procedures
What are the rules for length of notice?
When employed for 1 month employer must give notice
1 month but less than 2 years, no less than 1 week notice
Over 2 years but less than 12 years= one week for each year of employment
Over 12 years = 12 weeks notice
Parties can agree
Can provide payment in lieu of notice in contract
What additional info could be included in a bespoke contract of employment?
Length of notice
Restrictive covenants
Benefits in kind
Trade unions
What are implied terms?
Part of contract without expressly mentioning
What are the three types of implied terms?
Implied by statute
Implied by common law
Implied by custom and practice
