Questions On Employment Law And Employment Essay

Questions On Employment Law And Employment Essay

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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 should check if a worker is exempt from tax law (Gov.uk,2015).
At times it can be problematic when determining the employment status of your staff depending on their circumstances and how much control you have over them. For example, the additional staff you have employed may be considered independent contractors as they would only work when they are required during high demand, however this depends on how integrated and much control is exercised over them. This is where the role of the courts comes i...


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...ing treated as if they had never been dismissed and return to the exact same role as they were previously. Re-engagement suggests that employees are re-engaged with their previous employers on similar terms and conditions but do not have the same job role. Furthermore, a compensatory award may be given to employees for any loss of earnings as a result of being unfairly dismissed.
From the information I have given you above, I hope you have a better understanding of employment law and the role courts and tribunals play in deciding employee status. The tests are a good strategy in order to distinguish whether staff members are employees or contractors. In addition, the legislation and case laws discussed should illustrate common legal and HR issues which arise within the workplace and how you can deal with similar issues resulting in improved position of the company.

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