This essay will argue that the concept of ‘worker’ defined under section 230 of the Employment Rights Act (“ERA”) 1996 is board, but due to undefined scope of section 230(3) of ERA 1996, employment tribunals and the courts have adapted a rigid approach in their interpretation; that there is a ‘high degree of legal uncertainty’ as established in this area of law; that the law does not adequately deal with non-standard forms of ‘workers’; present proposals for reform by the UK Parliament on the interpretation and application of law at common; and finally provide a conclusion for the arguments put forth.
THE CURRENT STATE OF THE LAW
Firstly, employment tribunals and the courts have interpreted the concept of ‘workers’ too narrowly, by limiting the common law interpretation of ‘workers’ under section 230(3) of the ERA 1996 and rights conferred on workers. Under section 230(3) ERA 1996, ‘worker’ is defined as “an individual who has entered into work: under a contract of employment, or any other contract express or implied… to do or perform personally any work or services for another party…” This definition clearly encompasses protection of a minimum standard of rights to some workers beyond employees but who are not independent contractors. However, in addition to the definition provided by statue, the judg...
... middle of paper ...
...the inflexible legal criteria used by the judiciary are too vague to deal with non-standard forms of employment status such as atypical workers, working on a flexible basis, who do not work for a single employer on a continuous indefinite basis.
For example, in the seminal case of Dacas v Brook Street Bureau (UK) Ltd, a case involving an agency worker, the court held that the claimant was not eligible because based on their discussion of legal criteria, a contract of service with the employment agency could not be established so her employment status was undetermined. In other words, since her claim did not full-fil the rigid legal criteria necessary to establish an ‘employee and employer relationship’, they could not determine her employment status, and therefore, she was not entitled to receive the benefits of unfair dismissal pursuant to section 94(1) ERA 1996.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Flexible work is often seen as more precarious than traditional employment, but some academics have shown otherwise. Fevre, for example, states that insecurity is not necessarily linked with atypical types of contracts or temporal flexibility (2007, p.521). Surveys have shown that workers feel insecure and characterise their jobs as non-permanent even if their contracts are actually of a permanent nature (Fevre, 2007, p. 521). Insecurity is in fact not a result of an increase in flexibility (Doogan, 2005), according to these authors.... [tags: Labour economics, Employment]
1295 words (3.7 pages)
- EBookBinders Ltd, the following is my advice which is hopefully beneficial in answering your queries on employment law and gives you the guidance and support you need in bettering the position of your company. When looking at employment law and employment relationship, it is important to know the different types of employment statuses that an individual is likely to be such as an employee, a contractor/self-employed or worker. Under s.230(1) of the ERA 96 an ‘employee is an individual who has entered into or works under a contract of employment’.... [tags: Employment, Minimum wage, Law, Tribunal]
1475 words (4.2 pages)
- ... Their solvency, created through their ability to work efficiently. Independent contractors are free to use their marketable talents for several organizations. They are contracted for short periods to complete work that is not a part of the essential functions of the business that it would need to be a daily or ongoing relationship (Marsh 2012). In disputes, the status of an employee verses an independent contractor the burden of proof fall to the employer to validate the relationship. There are several test that the court have done in the pass to test the relationship with a business.... [tags: Equal Employment Opportunity Commission]
1006 words (2.9 pages)
- Employment and unjustified dismissal This essay concentrates on the employment law and how it affects employment agreement in New Zealand by the legal frameworks in which it develops employment relationship in relation to the Employment Relations Act (ERA) 2000. As highlighted “the use of such triangular relationships creates complexities in the rights and responsibilities of each party” . Means that the power of New Zealand’s employment law defines employers and employees across the statutes. The court uses the employment status for their decision-making.... [tags: Employment, Wage, Minimum wage]
1009 words (2.9 pages)
- Immigrants are concentrated in low wage occupations within industries such as construction, hospitality, and service. The employment of Latino workers has increased to one million in 2004. The largest majority of the 2004 boom was driven by immigrant labor. "A recent survey of over 4,500 Mexican migrants throughout the United States revealed that although immigrants with documents may have more mobility, those without, regardless of status, continue to be concentrated into one of four industries: agriculture, hospitality, construction, or manufacturing" (Saucedo).... [tags: Immigration to the United States, Immigration]
1081 words (3.1 pages)
- Introduction Type of employment has been discussed in decade. Therefore, there are many discussions about type of employment such as non-regular employment in Japan. The definition of non-regular (part-time, temporary, dispatched) employment is one of the type of employment which do not have full time contract. It also means that they are not hired directly by their employer without a predetermined period of employment. In addition, non-regular employment is not covered under public insurance systems including workers compensation, unemployment, health care and retirement pension(Conception 2011).... [tags: labor cost, motivation, employment]
1573 words (4.5 pages)
- Employment Laws that Protect Us This paper provides a summary of two employment laws, Title VII of the Civil Rights Act of 1964, and Title I, of the Americans with Disabilities Act of 1990. These two laws are available to protect individuals from being discriminated against in the workplace and are very comprehensive as far of the mediation rights and duties of employers and workers. These two laws in conjunction with Equal Employment Opportunity Commission, EEOC at the local level work together to enforce the federal employment discrimination laws.... [tags: Discrimination, Employment]
1056 words (3 pages)
- All through its 45 year history, the Equal Employment Opportunity Commission (EEOC) has distinguished and helped dissipate discrimination in the hiring process and is persistent on guaranteeing work candidates be dealt with reasonably (EEOC, 2011). According to Helen Norton, Associate Professor at the University of Colorado School of Law, Employers and staffing agencies have advertised job openings that span across different fields. Medical professionals, restaurant and grocery managers, as well as, investment bankers have all been restricted when looking for employment.... [tags: Equal Employment Opportunity Commission]
737 words (2.1 pages)
- Introduction Employment law is a body which governs the relationship between employers and employees. It involves application of tort and contract doctrines with a number of statutory regulations (Covington, 2009).This issues include the rights to negotiate and organize collective bargaining agreements, protection from harsh working conditions,safety and health issues. Why is it important to have employment law in the workplace. Employment law plays a significant role in ensuring that the rights and interest of both the employees and employer are met successfully (Braithwaite& Drahos, 2000).... [tags: Employment, Law, Trade union, Business]
937 words (2.7 pages)
- To MBIE, I am writing this submission because I find the purpose of work law important, so it is imperative that The Employment Relations Act 2000 (‘ERA’) enables workers to be protected. There is also economic benefits of individuals partaking in society, being productive and contributing socially and economically (Owens & Riley, 2007). Work law helps shape the work place by having devices to resolve disputes between employees and employer, and providing protection for both parties. Purpose of work law The main purpose of work law is protecting employees and employers, as well as stimulating New Zealands economy.... [tags: Employment, Law, New Zealand, Protection]
1028 words (2.9 pages)