Employment Law Case Study 2022

Running head: EMPLOYMENT LAW
EMPLOYMENT LAW
Name of the Student
Name of the University
Author Note

EMPLOYMENT LAW1
Introduction
The employment law is considered to be a kind of law that relates to the rules and
guidelines concerning the relation between an employee and an employer. This particular
relation is grounded on a normal contractual relation, in which case one party forwards an offer
and the other party accepts that particular offer. The two parties who are involved in any
particular employment contract are the employee and the employer. Although, under certain
circumstances difficulty may arise in identifying whether any particular individual is an
employee. Such circumstances would be in relation to an independent contractor. The
employment law shall not be applicable in case of an independent contractor. The statutes not
relating to independent contractors, and only relating to employees involve the Employment
Rights Act of the year 1996, the Trade Union and Labour Relations Act of the year 1992, and the
Employment Relations Act of the year 1999 as well as of the year 2004. This paper shall forward
a critical evaluation in connection to the distinction regarding an employee or a worker and an
employer. This paper shall discuss various statutes and case laws in relation to the critical
evaluation mentioned above.
Discussion
In the present or contemporary era relating to industries and markets, the reliance of the
employers has been shifted from the employees towards the independent contractors or the self-
employed individuals. The primary objective and aim for this particular change or alteration is
that employees shall be able enjoy and have the privilege of a better and superior statutory
protection in comparison to the other categories of worker, and this particular instance shall be

EMPLOYMENT LAW2
considered to be a distinguishing factor in relation to an independent contractor and an
employee.
In the common expressions, an employee may be considered to be an individual who may
be engaged by any specific employer in order to perform precise work in the way and method as
may be directed or projected by the employer. The Employment Rights Act of the year 1996
provides definition regarding an employee. As per the sub section 1 of section 230 of the
aforementioned Act, an individual who may have established a particular contract in order to
work for another individual. As per this section an employee may work in accordance to a
specific contract relating to employment. However, it may be said that an independent contractor
shall be regarded as an individual who commence an independent and autonomous business and
continue with that business, although such independent contractor shall perform work for the
business of any other employer.
When any particular independent contractor may be distinguished from an employee,
then any individual should be aware regarding the fact that an employee has the ability to afford
better and superior protection under the statutes. If any particular employee commits any kind of
tortuous wrongdoing or offence during the time when he was employed, then in such a situation
the employer shall be considered to be accountable in relation to the tort that has been committed
by that employee. It may also be said that it shall be the obligation of the employers to subtract
the income tax from the salary or wages of their employees. Further, even after the implication of
the terms provided in the contract relating to employment, the law infers and indicates a
multitude of terms in relation to the employment relation. However, it may be mentioned that the
independent contractors do not have the entitlement in relation to the protection as discussed
above. Although, an independent contractor may be able to claim protection under the legislation