Establishing an individual’s employment status is often the foremost requirement of any claim in employment law. Different rights are afforded in statute by different statuses. In seeking any right through an Employment Tribunal (“ET”), the Tribunal must first establish whether an individual’s employment status affords them that right in law.
Employees are entitled to the greatest number, and quality, of rights in UK Employment law. Workers enjoy a more limited number of rights, but often greater flexibility and freedoms than employees. The self-employed carry their own risks, have very few rights provided by those they provide services to, but do enjoy absolute independence. ET’s are available to employees and workers only for the settlement of disputes relating to rights. The self-employed cannot proceed a claim within an ET.
Initially, primary legislation allows for some broad definitions of different worker statuses. However, the dividing lines are often blurred, or even missed, depending on which body is assessing the status and for what reason. Currently, employment status in the UK falls into a tripartite system of Employees, “Workers” and the Self-employed “Independent Contractor”. Primary (and secondary) legislation have gone same way to defining status, but as is often the case, further clarity has often been provided by Common Law.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Why Establish Employment Status?
- In agreement: Taylor, BEIS, The Treasury and HMRC
- The need for clarity
- The Modern Evolution of Employment Status Law
- Ready Mixed Concrete ("RMC")
- The importance of Contract
- The Test
- Development of Ready Mixed Concrete
- The "Irreducible Minimum"
- The Contract itself: on face value
- The Wages Act 1986: "Worker" and "Contract of Service"
- Complexity beyond the Contract
- The Employment Rights Act 1996 (ERA 1996)
- The "Prize" of Rights
- But who wins?
- Worker Status
- Passing the "higher test"
- Contract of Service: focus after 1996
- Contracts and reality: words or actions?
- Contract in the "Gig Economy"
- Personal Service
- Substitution and delegation
- Anomaly in Law
- Control, substitution and how the work is done
- Day-to-day Control
- The diverse elements of Control
- Other Factors consistent with a Contract of Service
- Mutuality of Obligation
- Integration
- Independence and the "customer/client" relationship
- Contractual Nuances
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This dissertation examines the evolution and analysis of employment status in UK Employment Law, asking whether this legal framework can be further clarified by statute. The dissertation explores the various legal tests and concepts used to determine employment status, analyzing their historical development and practical application. It also considers the implications of these tests in the context of the "gig economy" and other contemporary work arrangements. Here are some key themes explored:- The legal tests for determining employment status in the UK
- The significance of contract in defining employment status
- The role of the "irreducible minimum" in ensuring worker rights
- The evolving nature of employment status in the "gig economy"
- The potential for legislative reform to clarify employment status
Zusammenfassung der Kapitel (Chapter Summaries)
Introduction
This chapter introduces the dissertation's central question: can employment status in UK law be further clarified through statutory reform? It outlines the different legal statuses relevant to UK employment law, highlighting the diverse rights and responsibilities associated with each. This chapter also discusses the need for clarity in this area, emphasizing the challenges faced by both individuals and businesses in navigating the complex legal landscape.The Modern Evolution of Employment Status Law
This chapter examines the evolution of employment status law, focusing on the landmark case of Ready Mixed Concrete. This case established the "control" test as a primary factor in determining employment status, and this chapter delves into the development and application of this test.The "Irreducible Minimum"
This chapter explores the concept of the "irreducible minimum" of worker rights, analyzing how this concept influences the application of employment status tests. It examines the importance of the contract of service in establishing these rights, considering the role of the Wages Act 1986 in defining "worker" and "contract of service."The Employment Rights Act 1996 (ERA 1996)
This chapter analyzes the impact of the Employment Rights Act 1996 on the definition of employment status. It explores the different rights granted by the Act, highlighting the significance of "worker" status as a distinct category. This chapter also examines the challenges of fulfilling the "higher test" for worker status.Contract of Service: focus after 1996
This chapter focuses on the continued relevance of the contract of service in the post-1996 legal landscape. It explores the tension between contractual language and the realities of employment relationships, considering the specific challenges posed by the "gig economy."Personal Service
This chapter examines the concept of personal service, a key factor in determining employment status. It analyzes the rules surrounding substitution and delegation, highlighting the complexities and anomalies that can arise in this area.Control, substitution and how the work is done
This chapter explores the importance of control in establishing employment status. It examines the different elements of control, including day-to-day control and the broader concept of control over how the work is performed.Other Factors consistent with a Contract of Service
This chapter explores additional factors that are consistent with a contract of service, such as mutuality of obligation, integration, and the degree of independence enjoyed by the worker. It also examines the nuances of contractual language and how they can impact employment status.Schlüsselwörter (Keywords)
The core concepts and keywords that define the scope of this dissertation include employment status, contract of service, "worker" status, "gig economy," control, substitution, mutuality of obligation, integration, and legislative reform. These terms encapsulate the key themes and legal frameworks explored throughout the dissertation, offering a framework for understanding the complex legal landscape surrounding employment status in UK law.- Quote paper
- Guy Tinsley (Author), 2020, Has the evolution and analysis of employment status in UK Employment Law reached a point where it can be further clarified by statute?, Munich, GRIN Verlag, https://www.grin.com/document/985353
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