Relationship Between Employment Law And Employment Relationship

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’. Employees are workers but the slight difference is they have extra employment rights and responsibilities which do not apply to workers who are not employees such as statutory sick pay, protection from unfair dismissal, minimum notice periods, etc. An independent contractor on the other hand is hired by the employer but is not under their control and can decide their own work hours and how they choose to work. Being their own boss and responsible for their own success and failure, they are not covered by employment law. However, they are protected for their health and safety and sometimes discrimination. Employers are also not responsible for taxes to be paid by independent contractors but

The test measures control over the circumstances of the performance. For example, employee rights and benefits such as holiday or sick pay and being liable to grievance or disciplinary procedures are factors that most employers will allow. The case of Whittaker V Minister of Pensions and National Insurance is an example of control and integration as it was held that the circus performer was entitled to industries injury benefit due to the amount of control the employer had over her and how involved she was in the employers business as she was paid weekly salary, gave exclusive services and less than half the day was spent on her own