Writing a Law Dissertation

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

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Thesis title: A Review of Employment Contracts and Job Security in the UK
Chapter 1: Introduction (2000)
1.1. Background
An employment contract can be defined as a signed agreement that takes place between an
individual employee and an employer or a labor union. The employment contract establishes
both the rights as well as responsibilities of the two parties that is, the employees as well as the
organization. An employee contract is basically comprised of the information aboutwhat exactly
is expected from the employee as well as from the organization along with various types of
agreements that cover the employees in the workplace1. By signing the employee contract, tan
employee agrees to follow the rules, regulations and polices set by a specie organization. On the
other hand, the employer of the organization also agrees to follow the same and violation of any
policies and procedures mentioned in an employment contract can call for legal intervention.
With the enhancement of bothopportunitiesacross the world, an employee contract is considered
to be mandate for every form of employment2. It is considered to be the duty of the employer to
provide a transparent and justified employment contract to all the employees of the organization
for setting out specific rights, duties as well as responsibilities of the employees as well as
employment conditions.
According to researchers, employee contract, also known as the employment agreement is
employees. An employee contract generally includes employee salary, schedule, duration of the
1Dawson, Chris, MichailVeliziotis, and Benjamin Hopkins."Temporary employment, job satisfaction and subjective
well-being." Economic and Industrial Democracy 38.1 (2017): 69-98.
2Vives, Alejandra, Francisca González, and Joan Benach. "S05-5 Employment conditions as determinants of
psychological wellbeing among workers in chile: association of temporary employment, job insecurity and
employment precariousness with job satisfaction and mental health." (2016): A102-A103.

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employment, general responsibilities, confidentiality, communications, and benefits. In some of
the employment contracts, future competition is also added.Contracts contain itemized salary,
wage as well as commission that has been agreed upon. It also includes the days as well as hours
the organization is expecting the employees to work and the number of leaves that an employee
can avail. When it comes to duration of employment, an employment contract chiefly specifies
the length of time the staffs agree to work for the organization. General responsibilities that is
mentioned in the employment contracts includes list of a good number duties and tasks an
employee is expected to fulfill while being employed3. Employee contract also includes policies
as well as procedures like anti discriminatory policies that need to strictly follow. When it comes
to confidentiality, in spite of the fact that the employees needs to sign a separate non-disclosure
agreement, several contracts includes a statement stating about the confidentiality. If an
employees’ role includes handling social media, websites, email or any other means of
establishing communication with the consumers, their employment contact states that the
organization retains the ownership as well as control of all types of communication. Researchers
stated that employment contract should lay out all the promised benefits that includes, however
is not limited to health insurance, vacation time as well as other perks that is considered to be a
part of the employment4.
Sometimes, a contract also includes a non-competitive agreement. This is an agreement that state
the employees will not be able to join organizations that will put him or her in a competition
3Waaijer, Cathelijn JF, et al. "Temporary contracts: Effect on job satisfaction and personal lives of recent PhD
graduates." Higher Education 74.2 (2017): 321-339.
4Guest, David E., and Michael Clinton."Contracting in the UK: Current research evidence on the impact of flexible
employment and the nature of psychological contracts." Employment contracts and well-being among European
workers.Routledge, 2017. 201-223.

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within the organizations. Often, an employee has to sign for this in a separate NCC, however it is
also included in the employment contract.
In order to avoid any kind of conflict and legal intervention, it is highly recommended that both
employers as well as he employees to abide by the contract of the employment until it comes to
an end. Several cases where the employment contract is found to come to an end is when a
notice is provided by the employer or the employee, cases where the a staff resigns or is
terminated by the employer. Thus it can be clearly understood the employment contracts ensure
job security of the employees. Job security can be conserved as the assurance that helps the
employees to avoid the risk of getting unemployed.
1.2. Research Problem
The International Committee of the fourth international (ICFT) stated that job security in UK is
under danger due to the extreme growth of employment in the past 10 years, after the global
financial crash in 2008. As a result of low job opportunities and higher number of eligible
candidates for a specified job role, a trend of enhancement in the number of unemployment with
lower pay grade as well as lesser job security has taken place in the nation. While the job
security of an employee should ideally depend on the employment contract along with his or her
performance and productivity, the job securities of majority of the employees working for
organizations in UK depends on the over achievement of the deadlines as well as target. This in
turn is creating a high competition amongst the employment industry. Job insecurity on UK has
given rise to a typical employment that involves part time work temporary work agency work,
self-employment as well as zero hours contracts that have become highly popular amongst the
younger generation of age ranging from 18 years to 29 years5.
5Fontinha, Rita, Darren Van Laar, and Simon Easton. "Quality of working life of academics and researchers in the
UK: the roles of contract type, tenure and university ranking." Studies in Higher Education 43.4 (2018): 786-806.

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The impact associated with the rapid expansion of employment have not only hit the younger
generation but have also imposed negative impact on the job security of individuals with
disability single parents, hospitality as well as social work industry. The percentage of the
employment has got enhanced from 11.9 percent to drastic 14.7 percent from the year 2001 to
2018. Moreover, due to a huge difference amongst the number of eligible candidates available
and the number of job opportunities, a constant situation associated with low pay is a common
factor in this situation of UK with excess number of employees competing for a single job role
since the number of job opportunities in the business industry that are offering the candidate with
reasonable amount of alary and job security is highly low. The pay packages offered bot the
organizations to the employees in UK is getting lower day by day. According to researchers, the
employment growth of UK is taking place at the expense of lower pay as well as job security6. It
has been found that in order to deal with the employment issue, the employment rate have been
steady found to be enhancing in the nation. However, this enhancement is growing hand in hand
with the growing level of job insecurity as well as stagnant pay. The rise in the insecure
employment has resulted in enhancement of self-employment, part time work, temporarywork,
agency work as well as zero hour contracts which are majorly being practiced by the teenagers
and young adults. For this demographic, the growth of these insecure forms of employment has
been 50 percent faster than for the rest of the population. According to researchers, 56 percent of
the ingle parents were in a typical employment in the year 2018 along with 48 percent of those
who are suffering from disabilities. In UK, the concept of self-employment cannot be considered
to be the result of the 2008 crisis but is increasing from 20017. The rise of self-employment not
6Summers A, 'UK: Employment Growth At The Expense Of Pay And Job Security' (Wsws.org, 2019)
<https://www.wsws.org/en/articles/2019/02/06/inse-f06.html> accessed 26 June 2019
7co-oplegalservices.co.uk (2020). No Written Contract of Employment | Employment Law Advice UK. [online]
Available at: https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/no-written-contract-of-

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only takes toll on the job securities of the employees but also results in lack of dull time
employment that offers adequate income and pension. Businesses are found to be classifying
workers as elf employed in order to avoid paying for sick leaves, pension as well as other
opportunities. There is no legal requirement, for an employee for having a written contract
employment, in spite of having something in writing can make it easier for understanding the
contractual obligation and rights. A good number of employment contracts are found to be verbal
and thus possess no written evidences and these types of employment contract are chiefly
practiced by small business in UK8.
Also, the fact that self-employed people lacks employment rights than fulltime employees, also
needs to be pointed out. As per statistics, self-employed employees are found to be earning less
than employees who are recruited by a company for full time. Thus the enhancement of self-
employment has imposed negative impact on the living wage and poverty rate and both of them
re found to be steadily rising in UK. In order to understand the current degree of Job security in
UK, reviewing employment contract as well as job security can be considered as an effective
strategy of assessing the matter.
1.3. Purpose of the research
The chief purpose of this study is to review the employment contracts in order to assess
as well as analyze the degree of job security in UK. Considering the fact that the lack of
employment security is imposing negative in come on the per capita income of the residents of
UK, it is also taking a toll over the work life balance and job satisfaction of the employees.
employment/.
8De Cuyper, Nele, et al. "Job insecurity, employability and satisfaction among temporary and permanent employees
in post-crisis Europe." Economic and Industrial Democracy 40.2 (2019): 173-192.

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While self-employment result in lack of employee benefits, where the employees don’t obtain
sick pay holiday pay well as other employee benefits9. Lack of effective employment contract
also results in prolonged working day and more irregular work life balance. Thus in order to
understand the degree of lack of security of the employees and its impact, this research paper has
reviewed the employment contracts and job security in the UK. On the basis of the review, the
researchers have concluded whether jobs provided by both government and non-governmental
institutions in UK are secure or not.
1.4. Significance of the Research
The research will be highly significant for employees who are working in both governmental as
well as non-governmental sectors in UK. Considering the fact that in the paper, different types of
employment contracts and their benefits has been discussed on a detailed basis, employees
working in different organizations as well as employees who are self-employed, or work o part
time or zero contract basis will be able to understand the factors affecting their job security. This
paper will also be beneficial for the management of the governmental and non-governmental
organization in UK since it will enable to understand to want degree lack of job opportunity as
well as employment contract is resulting in lack of job satisfaction as well as ineffective work
life balance of the employees.
1.5. Research Aims and objectives
The aim of this study is to recognize the employment industry of the United Kingdom and
thereby conclude the fact that jobs in the UK are secure or not.
The objectives of the researcher are as follows:
9Vives, Alejandra, Francisca González, and Joan Benach. "S05-5 Employment conditions as determinants of
psychological wellbeing among workers in chile: association of temporary employment, job insecurity and
employment precariousness with job satisfaction and mental health." (2016): A102-A103.

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1. To critically review the different kinds of employment contracts available in the United
Kingdom.
2. To conduct a detailed analysis of job security in UK.
3. To identify the impacts of an insecure employment industry in the society.
4. To recommend stratagies for curbing the issue of job insecurity in the UK
1.6. Research questions
For this study, the researcher has laid down several questions which have helped the same to
reach the already stated aims of the study. The following question needs to be answered for
achieving the desired aims and objectives of the study:
 What are various types of employment contract in the UK?
 How secure is one’s job in the UK?
 What are the impacts of an insecure employment industry in the society?
1.7. Variables and Hypothesis
Independentvariable of this study is employment opportunity
Dependent variable of this study is insecurity of employment in UK
H0: Employment opportunity does not influence the insecurity of the employment on UK.
H1: exceeding level of employment opportunity has challenged the security of employment in
the UK

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Chapter 2: Literature review (3000)
Overview
Conducting a literature review is considered to be a highly crucial for a study since it helps the
researcher to have a detailed idea of previous information that are relevant to his or her research
topic. This explains how the study presented is related to prior historical studies. This reveals the
work problem's originality and importance. The purpose of the literature review is to provide a
foundation of knowledge on the research issue along with identification of the areas of prior
scholarship to prevent duplication and give credit to other researchers. Along with this this
literature review has been conducted tot identify the inconsistency, gaps and conflict in previous
studies that are relevant to the research issue that is review of employment contracts in UK and
job security in the nation.
Types of employment contracts
A contract of employment or work contract is a type of arrangement used in labour law to grant
rights and duties to parties to a contract of employment. The deal consists of an "employee" with
an "employer." This originated from the old master-servant tradition of the 20th century. In fact,
however, the contract of employment applies to a relationship of economic and social
dependency.
According to researcher, several employment contracts are being used by the employers of the
organization in UK10. One of the chief types of work arrangements used by employers can be
considered to be the full-term work contract. A full-time employment is usually permanent and
10Stone, Katherine VW. "The decline in the standard employment contract: Evidence from ten advanced industrial
countries." (2013): 12-19.

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obtain an annual salary or a monthly rate. In addition to a fixed salary, an employee can expect to
receive:
 vacation days paid
 pension benefits
 parental leave allowances
 Statutory Sick Pay
There exits no minimum hours that an employee have to work for in full time, which is at the
employer's discretion, even though majority of the full time jobs are more than 35 hours a week.
Over the past two decades total temporary employment in Europe and Japan has risen. For most
European countries and Japan, the OECD gathered statistics on contract employment for the last
25 years, using a much broader definition than the BLS over the US.11. Since 2009 comes in the
midst of the Great Recession and since temporary employees are the first to be laid off in
recessions, the number of temporary workers is expected to be much higher until a time of
recovery occurs. Set or contractual terms of employment mean that a certain number of months
is agreed for working, e.g. sometimes those positions are designed to cover somebody on
maternity leave, which ensures an employee can accept a 12-month contract.12.
The fixed term as well as temporary workers receives the benifits like that of the permanent
contracts but the cost of the holiday entitlement varies on the length of the contract. The
growing involvement of staff with non standard job arrangements bears witness to a
11Gallie, Duncan, et al. "The hidden face of job insecurity." Work, employment and society 31.1 (2017): 36-53.
12Muffels, Ruud JA, ed. Flexibility and employment security in Europe.Edward Elgar Publishing, 2014.

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deteriorationin the standard model of jobs. There are many kinds of unique working relationships
that differ from country to country in terms.
The growing involvement of employees with non-normal employment partnerships is a symptom
of the decline in the traditional job model. There are several types of nonstandard working
arrangements that vary from country to country in terminology used to characterize them.13. The
growing emergence of non-standard staff is a trend that represents the deterioration in the
standard model of employment. The words used to characterize them varies from country to
country. There are many different types of nonstandard work partnerships. The most common
descriptors include: fixed-term employment agreements, temporary work, in-house working
hours, staff contracted, transient agency workers, workplace hire contracts, short-term deals, on-
call work, zero work, part-time work, training agreements, minor positions, semi autonomous
employees as well as dependent independent employers.
In comparison, there are clearly no statistics for many forms of non-standard work. While
variations in current employment conditions, in vocabulary and in knowledge availability make
comparison between countries complicated, harmonized OECD data show strongly that non-
standard jobs have grown substantially in the last twenty years in most industrialized countries.
Apart from contracts for permanent and contractual jobs, a major type of contract used by British
employers is the part-time contract for work. Moreover, the biggest distinction between full-time
as well as part-time employees is that a part-time contract of employment requires fewer working
hours than a full-time contract. They can find the number of hours they are expected to work per
week within a part-time employment contract.
13Blyton, Paul, and Jonathan Morris, eds. A Flexible Future?: Prospects for Employment and Organization. Vol. 30.
Walter de Gruyter GmbH & Co KG, 2017.

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Such jobs are often permanent, like in full-time contracts, which provide wages / hours for the
amount of hours working, plus rewards and privileges. To those who have other obligations, part
time employment contracts are perfect.
In the last 6 to 7 years in the UK, researchers say more than 56 percent of workers work for zero
contract hours in the last 6 to 7 years. The principle behind null-hour contracts is to allow the
contractor to work as possible. The employer must not give a fixed time and the employee must
not work if the employer wants to.
Contracting workers with zero hours earn a regular individual equal privileges and benefits, and
the contractor must at least pay the statutory minimum wage. This should be remembered also
that workers will pursue jobs and operate elsewhere on a zero-hour contract.
Based on the company and the work given, the freelance and permanent contracts of
employment shall vary. Freelancer or consultant may be hired to work before the job is
complete, with a defined start-, end-date.
.
Employees working on the basis of zero hours contract shall provide equal rights and benefits for
a permanent employee, and the employer shall pay at least the National Minimal Wage14. It
should also be remembered that workers will look for work elsewhere on a zero hour contract.
Based on the company and services given, free and subsidized contract employment contracts
can differ. A freelancer or consultant may be contracted for working until the project is complete
14Emmenegger, Patrick. The power to dismiss: Trade unions and the regulation of job security in Western Europe.
Oxford University Press, USA, 2014.

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with a clear start and end date. Freelancers and contractors are mostly self-employed, and they
have to pay for wages and social insurance contribution.
The agency takes care of the benefit of workers, while the employer pays national insurance and
mandatory sick pay payments to workers. The worker would theoretically obtain the same
benefits as permanent employees at the company after 12 weeks of work in the same position.
Regulation associated with employment in UK
The legislation is the UK's number one source of employment law. The rights agreed at
European level are generally applied with the aid of the national legislation. Many of the
employer's and the employees ' interests are also included in the employment contracts. The
employment law is likely to face a potential threat after Britain leaves the EU. Nevertheless, at
this point in time, UK intends to continue to apply EU-related labor law, and the employment
rights remain unchanged.
A clear contract of employment between all employees and employers is required in UK. The
contract is a legally binding document setting out the terms, rights, responsibilities and duties of
an employee's jobs15.All employees have the right to a contract of employment which forms the
basis of the employment relationship. The Employment Rights Act 1996 allows employers to
provide most workers with a written description of the main terms of the contract, within two
calendar months of starting work.The following details must be included in the written
statement:
 job title or job description;
15Koch, Max, and Martin Fritz. Non-standard employment in Europe: Paradigms, prevalence and policy responses.
Springer, 2013.

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 employers and employees names;
 date the employment had began, place of work as well as address of employer;
 pension arrangements;
 amount of pay along with interval between payments;
 grievance and appeal arrangements;
 notice period;
 disciplinary rules as well as dismissal procedures.
Over the years, workers have become entitled to a wide range of statutory rights, resulting from
legislative acts and legislation concerning the relationship of jobs.In general they cannot be
waived and include the right:
 the right to fair pay;
 to share in the work of the labor union;-to return to work during abortion or childbirth;
 the freedom to qualify for flexible job plans and parental leave;
 to return to work during a maternity or child-bearing period;
The 1996 Human Rights Act specifies that most changes to a human contract include the consent
of both the employee and the employer16. The legal aspects of a contract are known as ' words '
and an employer will specifically define the legally binding parts of a contract.Contract terms
can be presented to employees in different forms, including:
 In a formal contract or record including a paper work description
 Oral arrangement
 In an employee handbook or on a business notice system
16deGraaf-Zijl, Marloes. "Job satisfaction and contingent employment." De Economist 160.2 (2012): 197-218.

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 Bid letters from the boss• Regulation mandated (e.g.: the paid workers at at least the
National Minimum wage)
 In collective agreements reached between employers and trade unions or workers '
organizations
The legal aspects of a contract are known as ' words ' and an employer will specifically define
the legally binding parts of a contract. Contract terms can be presented to employees in different
forms, including:
 In a written contract, or analogous document
 an employee handbook or a company notice board
 A verbal agreement
 In an offer letter from the employer
 In collective agreements negotiated between employers and trade unions or workplace
organizations
 Required by law (eg: paying employees at least the National Minimum Wage)
The links between workers, employers and trade unions are regulated as far as UK labor law is
concerned. The universal human rights code, which is found in various statutes, regulations,
common law and justice, is applicable to UK workers. Included is the right, under the 1998
Universal Minimum Wage Act, to a minimum income of £ 8,21 for over 25 years old. The
Working Time Regulations 1998 provide for termination on weekends, job hours and efforts to
restrict working time to 28 days overdue. The Working Time Regulations on 1998 provide for
the freedom of children to resign and to register for inclusive work activities. The Pensions Act

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2008 gives the right to voluntarily participate in a simple occupational pension, the funds of
which must be covered under the 1995 Pensions Act17.
Under the Fixed-Term Employment (Prevention of Less Favorable Treatment) Regulations, an
employee with a fixed-term contract should not be viewed less favourably than a comparable
permanent co-worker. It is argued that the Regulations do not fully apply the requirements of the
Directive because they do not cover the full spectrum of "work" provided for in the Directive. In
UK labor law the definitions of "job" and "employee" are not the same (see s.230 Employment
Rights Act 1996), and the definition of "worker" is considered broader. But it is said the
Regulations apply only to the group of thinner "employees."
Job security in UK
According to researchers in the United Kingdom, while it is generally accepted that transnational
labor market intermediaries contribute to all three stages of labor migration involving employee
recruitment, cross-border movement and employment, less attention has been paid to the position
of local or national agencies, which, it is argued, have a significant influence on migrations18.
The Regulations were intended to provide fixed-term protections for workers hired by an
employer and to ensure that they are granted exactly the same rights and entitlements as their
permanent colleagues, unless there is a reasonable reason for a difference in treatment. The
expansion of free, deregulated labor markets and the coincidental rise in temporary agency work
created a regulatory context whereby the' management' of east European migration to the UK
through the Employee Registration Scheme actually contributed to the growth of local agency
17Klarsfeld, Alain, Eddy Ng, and AhuTatli. "Social regulation and diversity management: A comparative study of
France, Canada and the UK." European Journal of Industrial Relations 18.4 (2012): 309-327.
18Stewart, Andrew. Stewart's guide to employment law.Federation Press, 2013.

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workers by enabling migrants to meet their immigration requirements19. It is claimed that
agencies have played a key role in fostering further migration from Eastern Europe while
embedded within migrant networks and ethically divided labor markets.
Job security in UK
According to researchers, job insecurity in the UK has, or has risen since 2002, and is the
majority impacting the millennial withdrawal of the country. British workers feel less relaxed
and more frustrated at work than at any point in the last 20 years, with wage cuts and decreased
control of their employment among the main concerns, according to a national survey of
workplace health. According to the report carried out by the Economic and Social Research
Council and the United Kingdom Employment and Skills Commission, unemployment and
confusion in all groups of employees have increased, with those in the public sector as worried
about employment as those in the private sector have been shown20. Fifty-two percent of workers
across the board is worried about job loss status. The main concern was about pay cuts followed
by a lack of say regarding their jobs21. In addition, just under a third (31 per cent) said they
expected unequal workplace treatment. Public sector employees have been more worried about
the loss of their jobs for the first time since 1997 than private sector workers.22. We also
19Lăzăroiu, George. "Employee motivation and job performance." Linguistic and Philosophical Investigations 14
(2015): 97-102.
20Kachi, Yuko, et al. "Differences in self-rated health by employment contract and household structure among
Japanese employees: a nationwide cross-sectional study." Journal of occupational health (2014): 13-0279.
21Lain, David. "Working past 65 in the UK and the USA: Segregation into ‘Lopaq’occupations?." Work, employment
and society 26.1 (2012): 78-94.
22Casale, Giuseppe, and AdalbertoPerulli. Towards the single employment contract: Comparative reflections. A&C
Black, 2014.

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expressed the biggest concern about losing their job status, registering higher for deskilling
issues, pay cuts, having less interesting work and less feedback.
The main reason for lack of work instability, according to many scholars, is the lack of a suitable
employment contract23. Together with this, another major factor includes worker anxiety about
changes to the conditions of employment which have in some way diminished the current job.
These changes include lowering the wage, increasing the say level in the position, lowering the
skill level of the role and moving the job holder to a less interesting post. All these circumstances
are short of job loss, but they all pose a threat to the status quo. 2012 results showed much higher
levels of anxiety over these concerns than the more well-studied notion of job loss insecurity.
The levels of both forms of public sector insecurity were particularly high.Moreover, the risk of
ill-treatment—such as victimization, prejudice, and unwarranted dismissal—has risen faster in
the public sector, though from a low base. Evidence has also shown that anxiety rates are rising
in recessions such as unemployment, and declining recoveries. Nevertheless, there are signs that
it remains ingrained for certain groups of workers, such as those on contracts that do not
guarantee a set number of hours for job holders, even when the economy reduces uncertainty.
Such zero hours contracts (ZHCs) expose workers to higher levels of confusion.Instead of
declining in the aftermath of the 2008-2009 recession, they increased—their number nearly
doubled from 143,000 in 2008 to 250,000 in 2012, and has since risen more than tripled to
883,000 in 2017, with 2012 more than tripled. The recent rise in the 24/7 on-demand economy is
claimed to have encouraged employers to seek greater temporary flexibility from their workers
through the fragmentation of working time, most notably through the use of ZHCs and labor
23MARIA, AIDA, et al. "Burnout in nurses working in Portuguese central prisons and type of employment
contract." La Medicina del lavoro 105.3 (2014): 214-222.

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supply networks for the gig economy. Working hours have therefore become another source of
risk-historically neglected-into which we will shed new light24.
Impact of job insecurity on Society
According to the prosecutors, work and personal identity are closely intertwined. When
someone's job is stable, they may not think explicitly about their social identity as an "employed
person." However, if a work loss is more salient, people can start becoming more aware of being
branded as part of an alternative, stigmatized outgroup: the unemployed. This not only led to a
lack of job security, but also to unemployment. People who felt a lack of identity as a working
person reported concentration and sleeping problems, and felt a loss of self-confidence.Feeling
excluded also influenced the behavior of people at work, thus less efficiently fulfilling the core
parts of their jobs. Unemployment can have many implications for society if it is large enough25.
These effects can be economic but they can also be seen in fields such as crime and the family.
The most noticeable consequence of joblessness is because it impacts the economy.
Unemployed people have less spare money. We're going to buy less products and services and
therefore make companies less competitive. This, in turn, would result in an even greater
unemployment. High unemployment however has very negative economic implications.
Unemployment can influence society in ways that go beyond its impact on the economy. For
example, joblessness can be very mentally stressful on a worker. This can cause the individual
to doubt his or her worth as a person26. That can lead to stress within that individual's
24Freedland, Mark, et al., eds. The contract of employment.Oxford University Press, 2016.
25Lain, David. "Working past 65 in the UK and the USA: Segregation into ‘Lopaq’occupations?." Work, employment
and society 26.1 (2012): 78-94.
26Flick, Uwe. Introducing research methodology: A beginner's guide to doing a research project.Sage, 2015.

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relationships. Unemployed people are less likely to get married and more likely to divorce
because their lack of work overwhelms them. Stress may also lead the unemployed to poorer
health, which gets worse because they have less access to health insurance than they did before.
Worklessness may inevitably lead to criminal activity. A individual who has no work still wants
the necessities of life. A person like that might turn to crime to get the things he or she wants.
This high level of job insecurity is not only having a negative effect on individuals, making
financial planning extremely difficult. The effects of job insecurity for companies, too, are
omnipresently negative. The fear of losing one's job does not act as a motivator, contrary to
popular belief. This typically results in lower work performance, instead. And wide job
insecurity within communities or countries is related to political unrest, citing precarious jobs as
a source of political extremism. In short, job insecurity seems to underlie many of people,
organisations, and society's ills.
Literature gap
While conducting the research, the researcher have noticed that while a good number of
researcher has been conducted on the types of employment contract available in UK and major
factors responsible for deterioration of the employment securities in UK, lack of research has
been noticed particularly on reviewing employment contract as well as job insecurities in UK.
Thus it is expected this this research will be able to reduce the literature gap.

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Chapter 3: Methodology
Research philosophy
For this study, the research philosophy that will be used includes the Intepretivism
philosophy. This philosophy allows the researchers to interpret each of the elements of the study
and thus integrates human interests into the research. Considering the fact that for this research
the sample size that has been chosen is limited and data collected from the samples has been
evaluated to reach to a conclusion and the research issue can be addressed. The aim of the
research is to conduct a detailed review the employment contracts offered to the employees in
UK and the degree of Job security in the nation, small amount of samples will be collected and
in-depth evaluation will be done in order to understand the employment industry of the United
Kingdom in brief and thereby concluding the fact that whether jobs in the UK are secure or not27.
According to researcher the development of the interpretevist philosophy is based on the
positivism philosophy in social science. This philosophy is found to be based on the critique of
the positivism philosophy in social sciences. Thus, this philosophy emphasizes qualitative
analysis over quantitative analysis. Interpetvism is related with the philosophical position of
idealism and this is used for grouping together diverse approaches. That includes social
constructivism, hermeneutics and phenomenology28. As per the interpretivist philosophical
approach is socially constructive, but lacks the potential to predict. Thus this philosophy is used
for research papers that are deductive in nature. Considering the fact that for this research paper,
27Quinlan, Christina, et al. Business research methods. South Western Cengage, 2019.
28Burns, Alvin C., Ronald F. Bush, and NilanjanaSinha. Marketing research.Vol. 7. Harlow: Pearson, 2014.

21LAW DISSERTATION
the researcher has chosen qualitative data collection and analysis process, interpretivism
philosophy has been considered to be apt for this research.
Research approach
The research approach used for this study is deductive. The deductive research approach is
found to be highly concerned with the development of hypothesis that is based on an existing
theory and then includes designing a research strategy for testing the hypothesis. Considering the
fact that in this study the aim of the researcher is to test whether excessive employment
opportunity is challenging the security of employment in UK or not, the chief aim of the
researcher is analyze the research issue and finally come to a conclusion. It has been state that
the deductive means of reasoning from the particular to the state in general. According to
researchers, the deductive approach can be explained by the means of hypothesis which can be
derived from the proposition of the theory29. Thus, deductive approach is found to be concerned
with deducing conclusion from the premises as well as the prepositions. One of the major
reasons behind selecting deductive approach for this study is that it helps the researchers to
explain casual relationships between the concepts as well as variables. Secondly this approach
has helped the researchers to generalize the research findings to a good extent. The step that the
researcher has followed using the deductive approach for this research is as follows:
1. Deducing the hypothesis from the theory.
2. Formulating the hypothesis in operational terms as well as proposing relationships
between the two particular variables.
29Pearl, Judea. "The deductive approach to causal inference." Journal of Causal Inference 2.2 (2014): 115-129.

22LAW DISSERTATION
3. Testing the hypothesis with the application of the relevant methods. For this research
qualitative method has been used for deducing the research issue30.
4. The third step that has been followed using the deductive paragraph incudes examining
the outcome of the test and thus confirming or rejecting the theory. During analyzing the
outcome of the tests, it is highly crucial to compare the research findings with the
findings of the literature review.
5. The final step has included modifying the theory in instances when the hypothesis is not
confirmed.
By using a deductive approach to data collection, the researcher used the current knowledge and
evidence on the study subject, thereby analyzing the discrepancy in previous studies and finding
new areas for additional analysis.31. A deductive research approach initiate usually with a
hypothesis while the inductive research approach usually is fond of using research questions for
narrowing own the scope of the study. In spite of the fact that generally, deductive research
approach is used for researches that are quantitative in nature, for this case study, deductive
research approach has been followed for conducting a qualitative research.
Research design
The research design that has been used for this study includes the descriptive research design.
The descriptive research design has been selected by the researcher since it has allowed the
researcher to explore the research gaps as well as providing justification of such gaps. The
30Worster, William Thomas. "The inductive and deductive methods in customary international law analysis:
traditional and modern approaches." Geo. J. Int'l L. 45 (2013): 445.
31Gilson, Lucy, and World Health Organization. Health policy and systems research: a methodology reader.
Geneva: World Health Organization, 2012.

23LAW DISSERTATION
descriptive research design can be defined as a research method which possesses the potential to
describe the characteristics of the population that has been studies. This methodology is found to
be focused more on “what” is the research subject instead of “why” the research is being
conducted. Thus it can be said that a descriptive research primarily focus on describing the
nature of a demographic segment instead of covering the factors that has lead to the research
issue. Considering the fact that in this research, the researcher have chiefly focused on reviewing
the employment contract and degree of job insecurity, instead of focusing on the reason behind
job insecurity in UK, the descriptive research is considered to be apt for this research paper.
According to the researchers, there exist a good number of characteristics of descriptive research.
While descriptive research design is used for both qualitative as well as quantitative research,,
for qualitative research chiefly interview is used for collecting information. In case of studies
like this one, where secondary data is collected, methods like case study analysis is used32. A
descriptive design of research that includes case study as a process of analyzing the information
collected, is the one that focuses on limited number of sample and conduct an in depth analysis
of the same while carefully scrutinizing as well as articulating the sample.
Sampling
For this research, the sampling method that has been used includes non-probability sampling.
Non probability sampling can be defined as a sampling strategy where the odds of any member
being selected for a sample cannot be calculated. This sampling method is considered to be
exactly opposite of the probability sampling method, where the odds can be calculated.
Additionally, probability sampling involves random section whereas the non-probability sapling
32Choy, LooiTheam. "The strengths and weaknesses of research methodology: Comparison and complimentary
between qualitative and quantitative approaches." IOSR Journal of Humanities and Social Science 19.4 (2014): 99-
104.

24LAW DISSERTATION
does not since it depends on the subjective judgment of the researcher33. For this study, the
researchers have gone through an ample amount of documents and have selected only the
documents that bears relevancy with the research issue. Some of the major advantages for which
the non-probability sampling has been selected for this research it is that unlike probability
sampling, it is highly cost as well as time effective. It is easy and convenient for the researchers
and hence can be used when it is impossible to conduct probability sampling. However, one of
the major disadvantage of the non probability sampling is that it is impossible to know how well
the population can be represented.
Data collection method
For this research paper, the data collection method that has been used is secondary data
collection, more specifically, the secondary arm chair data collection. According to the
researchers, the secondary data collection is referred to the data collection approach for prodding
n developed in a field that does not include collection of one information but, instead involves a
careful analysis as well as synthesis of existent scholarship. The term secondary data refers to the
information that is collected by the researchers from already conducted research papers and other
sources that are not first hand. Some of the common source of secondary data collection includes
newspaper articles, government reports, organizational records as well as data that has been
collected for other research purposes. According to researchers, the secondary data can be both
qualitative as well as quantitiave in nature34. The qualitative data can be obtained with the help of
33Avgousti, Kakia. "Research philosophy, methodology, quantitative and qualitative methods." The Cyprus Journal
of Sciences 11 (2013): 33.
34Binns, Ian C., and Randy L. Bell."Representation of scientific methodology in secondary science
textbooks." Science & Education 24.7-8 (2015): 913-936.

25LAW DISSERTATION
newspaper, interviews, transcripts and diaries. On the other hand quantitiave information can be
obtained with the help of survey, financial statement as well as statistics.
Thus it can be understood that this data collection procedure is used by the researchers in studies
where the researcher does not intent to explore the research issue, and instead intends to analyze
and evaluate the already conducted research papers and other sources of secondary information
in order to obtain an overview and stats of the research problem. In order to collect data for this
study, relevant information has been collected from different secondary sources like journals,
books, articles published papers, newspapers as well as official websites of the government
departments or significant organizations that involves in offering optimum number of jobs to the
residents of the United Kingdom35. The secondary data collection methods have also enabled the
researcher for gathering the already existing data along with evaluating their correctness as well
as authenticity.
The chief reason behind selecting secondary data collection as the research data collection
method for this study is that secondary data is easily available and hence, a highly limited
amount of time is required for fetching all the relevant information for the study36. Also, it can be
said that the secondary data collection procedure is more inexpensive that of the primary ta
collection procedure. However researchers have argued that along with several advantages, the
secondary data collection method comes with a good number of disadvantages. For instance,
considering the fact that the data source of secondary research is not collected specifically for
this study, the information may not be specific to the needs of the researchers and at the same
35Choy, LooiTheam. "The strengths and weaknesses of research methodology: Comparison and complimentary
between qualitative and quantitative approaches." IOSR Journal of Humanities and Social Science 19.4 (2014): 99-
104.
36Burns, Alvin C., Ronald F. Bush, and NilanjanaSinha. Marketing research.Vol. 7. Harlow: Pearson, 2014.

26LAW DISSERTATION
time is incomplete to reach a specific conclusion. Also, a good number of researchers are
skeptical about the authenticity of the research papers that are being conducted with the help of
secondary data. However, considering the fact in order to ensure the authenticity of this study,
relevant data from published scholarly articles and newspaper has been used for data analysis,
there is no scope of authenticity. Researchers are attracted to secondary data since getting the
information is considered to less expensive compared to the situation where the researcher had to
carry out the research themselves.
Data analysis method
The data analysis method that has been used includes case study data analysis method. The case
study data analysis method is a qualitative data analysis method that enables the researchers to
gather as well as analyze information obtained from secondary sources like newspaper. In order
to investigate news stories and surveys by various organizations, such as the Think Tank
Resolution Foundation (RF), a case study approach was selected so that a better picture of the
current situation surrounding workplace instability and job contracts can be gained. Since case
study research is a versatile form of research, qualitative methods of data analysis are also used.
As in all other studies, the basic purpose of the study is to draw conclusions from the results,
while retaining a consistent proof chain.. For this research data 37collected about employment
contracts in UK and lack of job security in the nation is evaluated with the help of various
theories in order to understand the impact of excessive employment opportunities on lack of job
securities.
Ethical consideration
37Avgousti, Kakia. "Research philosophy, methodology, quantitative and qualitative methods." The Cyprus Journal
of Sciences 11 (2013): 33.

27LAW DISSERTATION
Research does not always involve collection of data from the participants. There is huge amount
of data that is being collected through the routine management information system and other
surveys or research activities. While conducting the research, the researchers have kept into
consideration major ethical considerations associated with secondary research so that ethical
issues can be avoided while conducting the study38. All the resources that has been used in this
research has been referenced and citations has been used to ensure that the authors have been
given the credits, The ownership of all the data used has been acknowledged. For secondary
research, the data obtained should be adequate and relevant and not excessive. In order to
ensure this the researcher has used data that are within the time period of 2010 to 2020 so that
the information used is accurate and relevant to contemporary time.
38Choy, LooiTheam. "The strengths and weaknesses of research methodology: Comparison and complimentary
between qualitative and quantitative approaches." IOSR Journal of Humanities and Social Science 19.4 (2014): 99-
104.

28LAW DISSERTATION
Chapter 4: Findings and analyses (4000)
Case 1: Richmond Adult Community College v McDougall [2008] EWCA Civ 4 (2005)
Issue:
McDougall who had suffered from psychology disorder had joined the Richmond adult
community college after getting recovered through medical treatment. She was offered a job as
database assistance at the mentioned collage. However, when the management of the Richmond
Adult community college got to know about her medical history they withdrew the employment
offer. As a result, McDougall brought a disability discrimination claim against the Richmond
adult community college.
Judgment
It has been accepted by the emollient tribunal that the victim was suffering from mental
impairment prior to the order received by him. However the tribunal also stated that she had got
completely recovered by the time the offer later has been received by her. As per the section 2 of
the disability Discrimination act 1995, Mcdougall was not disabled and the impairment did not
possess a prolonged and substantial effect on her and there exists no evidence that the condition
will reoccur.
The (Employment Appeal Tribunal) EAT reversed the decision stating that the decision of the
tribunal was not made by taking into account the medical evidence between the discrimination
date as well as the hearing of the claim that showed a relapse. The collage was also found to
appeal that while considering if the effect of a medicalcondition was likely to reoccur, the

29LAW DISSERTATION
employer needs to make decision on the basis of the circumstances existing in that date and on
the basis of what exactly happened after that date was not relevant to the tribunal’s decision.
The UK court had allowed the appeal of the collage. On the basis of the fact that there exists
evidence that Mcdougalls condition is likely to reoccur, the tribunal should only consider
evidence that is available at the relevant time
Analysis
In the above case, it has been pointed out by the court of appeal emphasis the fact that whether
the impairment of an employee is morelikely to recur or not require an assessmentof the
evidence available at the relevant time as that was the only evidence that the employer can regard
for determining I the employee is disabled or not and thus need special consideration. The
wording of paragraph 2(2) of schedule 1 to the DDA 1995 was to the effect that “where an
impairment ceases to have a substantial adverse effect on a person's ability to carry out normal
day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to
recur”.
However, it can be said that in several nations where employers face shortage of employees,
internal legal boards are implemented in order to assess the current mental state of the employee.
In case the employee is found to be fit for working in the organization, he or she is being given
back their position in the organization. Thus it can be said that the demand for workforce in a
nation with lower number of workforce to address leads to better job security. On the other hand
in UK, since the number of eligible candidates for a single post is too high, companies can easily
discard an employee to opt for another employee who possess medical clearance and this can
lead to enhanced job insecurity.

30LAW DISSERTATION
Case 2: Enfield Technical Services Ltd v Payne; Grace v BF Components Ltd [2008] EWCA Civ
393
Issue:
Until taking maternity leave, the claimant teacher taught a reception class. Upon returning, she
was offered a job as a floating instructor or teach elder class students. The appellant accepted the
role of educating elderly children, but viewed it as a especially burdensome duty because the age
group that was subject to the exams had not previously been taught. The complainant
complained that because of the pregnancy leave, the employer had committed less desirable acts
and that the employer had not returned it to the same position.
Judgment:
The Tribunal dismissed the assertion and deemed it not to have enough determinant , as the
complainant had to teach whatever class she had been given. The role she had been working in
before was that of a teacher, not a director.
The EAT ruled that, by virtue of Reg 18 of the Maternity and Parental Leave Regulations
etc.1999, the freedom to return to "the workplace in which she was working when she did
absence" meant that workers must return at work as soon as possible to their leave. The return
post in this case was within the normal range of uncertainty fairly expected by the applicant.
Analysis
From the above case study it can be understood that the job insecurity of the female employees
in UK is valid. It can be clearly understood that the employment contract that has been provided
to the claimant was not in accordance to the Regulation 18 of the Maternity and Parental Leave

31LAW DISSERTATION
Regulations1999. It has been found that the school has made the employee contract keeping in
mind the benefit of the school and not the benefit of the employees. According to researchers,
considering the fact that in UK, huge number of job opportunities are available for employees
and the amount of remuneration offered by the organization are similar, this often leads to lack
of loyalty of the employees towards the organization. On the other hand lack of employee
loyalty, often makes the employer to develop employment contracts that minimizes the benefits
and opportunity provided to the employees. For instance, in this case, as per the employee
contract, the employee is stipulated to teach any class that will be assigned to her. This type of
contracts makes it difficult for teachers to retain their jobs by ensuring job satisfaction.
Moreover, conducting actions that possess high potential to reduce the job satisfaction of a
tenured employee and thus enhancing her chances of attrition, can adversely affect an
organization. Researchers stated that orgaizations care less about the loyalty as well as
satisfaction of the employees when the pool of eligible candidate is huge39.
Case law 3: O'Hanlon v HM Revenue & Customs [2007] EWCA Civ 283
Disability-related discrimination – reduction in pay because of sickness absence
Issue: For purposes of the Disability Discrimination Act 1995 the patient has been seriously
depressed. Sick leave provisions given by the Employer for the full compensation of 26 weeks in
every four-year period for someone who is ill from illness and after that for the next 26 weeks
and the pension limit. The applicant had long, unpaid absences. She argued that in her absence,
she would earn full compensation as disorder-related disability amounted to incompetence.
Judgment:
39Richter, Anne, and Katharina Näswall. "Job insecurity and trust: Uncovering a mechanism linking job insecurity to
well-being." Work & Stress 33.1 (2019): 22-40.

32LAW DISSERTATION
The EAT claimed that a provision for an absent employee with disabilities to be paid more than
an absent non-disabled employee is unusual for a obligation to make a fair adaptation. It
concluded that discount discrimination due to disabilities was unreasonable, but it was
unreasonable, as the adjustment recommended by a fair employer for raising sickness pay was
not an improvement.
The Court of Appeal rejected the appeal, agreeing with the reasoning of the EAT.
Analysis
In the above case study it has been found that as per the supreme count of UK, it is not possible
for an organization to pay more to a disabled absent employee than a non-disabled absent
employee. According to the court considering the fact both a disabled employee as well as a non-
disabled employees goes through major financial crisis while being absent for ill health, it will
be a discriminatory decision to provide additional money only to the disabled individual.
However, for disabled employees who are sick and are suffering from financial issues,
organizations can take steps like reducing the working hours of the employees and transferring
the employees to allocation from where he or she will be able to access the working location.
However, it can be said that the above mentioned strategies are employee retaining strategies. As
per researchers, higher is the availability of workforce, lower is the tendency of the employers to
provide additional and supportive benefits to the employees specially employees with disability.
Case law 4: Pay v Lancashire Probation Service [2004] ICR 187; Pay v UK [2009] IRLR 139
Unfair dismissal – reason for dismissal – some other substantial reason – sexual behaviour
outside work - respect for private life (Article 8 ECHR)
Issue:

33LAW DISSERTATION
The claimant engaged in the marketing and participation in fetich clubs of goods related to
BDSM. He was active in these events, photos became visible on the internet. The defendant
served for adult predators as a probation officer. The company dismissed him because his job
was incompatible with the position of the probation officer. The requester alleged wrongful
dismissal on the grounds of his freedom to privacy in Article 8 ECHR.
Judgment
The EAT found that section 98 of the Work Rights Act 1996 was meant to cover "the applicant's
rights as regards the Convention," but that Article 8 had not been applied, as photos were
publicly accessible and events in fetiche clubs were conducted as they were in the general
domain. Therefore, the conduct of the claimant was not' personal.'
The Court of Human Rights heard the case as Pay v Britain. The ECtHR took a different view,
noting that conduct in a strictly private position could also be covered as "private life" by Article
8. The court was able to continue on the grounds of the complainant Article 8 right was engaged.
However, it found that any interference with his right was justified.
Analysis
Considering the fact that in this case the organization where the claimant was working has
dismissed him on the basis of his or her personal life, it can be considered as a n ethical issue.
According to article 8 it would be too restrictive to liit the notion of an inner circle where the
individual may live by has on personal choice of living. Considering the fact that sexual life of
an individual is a major part of his privacy, it is unethical to dismiss an employ on the basis of
the same. According to Section 96, the employment right act 1996, “an employee possess the
right not be dismissed unfairly by his or her employer”.

34LAW DISSERTATION
From the above case study, it can be clearly understood that the employer lacks effective initiate
to retain employees. According to researchers, availability of huge number of potential
candidates can be considered as one of the major reason that can lead to lack of interest of the
employers to retain employees40. Moreover, lack for effective employment contract can also be
considered as a major reason behind job insecurity. From this case study, ineffective
employment contract can be pointed out to be a major reason behind lack of job insecurity of the
claimant.
Case law 5: O'Brien v Bolton St Catherine's Academy [2017] EWCA Civ 145
Long-term sickness absence and disability
Issue:
Ms O’Brien, an employee of the St Catherine’s Academy has been dismissed by her employer
since she has been suffering from a period of a prolonged sickness absence. At her intern appeal
hearing, Ms. O’Brian stated she has already provided her employer with the medial evidences
that indicates that show that she is fit to return to work. However, the court appeal panel was
found not to beconvinced by this and upheld her dismissal.
Judgment:
As per the court it was unreasonable for the school to disregard the newly obtained evidence
without conducting further medical assessment. When in practice, it has been stated that
employers, before making a decision for dismissal of the employees, should consider if or not
40Zeytinoglu, Isik. "Precarious Lives: Job Insecurity and Well-Being in Rich Democracies, By Arne L. Kalleberg
(2018) Cambridge, UK: Polity Press, 242 pages. ISBN: 978-1-5095-0649-1 or 0650-7 (for pb)." Relations
industrielles/Industrial Relations 74.2 (2019): 409-410.

35LAW DISSERTATION
they can be expected to wait any longer and yes then how much longer the employers can be
expected to wait.
Analysis:
From the above case study, it can be clary understood that there exist valid reason for employees
in UK to suffer from job insecurity. Considering the fact that the claimant was suffering from
health issues and as result was absent for a prolonged time, theemployerhave dismissed her
without conducting proper communication with her. Furthermore, the employer could not show
that the firing constituted a proportionate way of achieving the valid goals of' the effective
operation of the school, the decrease in expenses and the need to provide an acceptable standard
of education.' Therefore, during the absence of the complainant, the employers could not show
any detrimental effect on the school. Therefore, it can be understood clearly how it is extremely
important that the boss delay or deny the employee if the employee is absent from a company for
a longer period for justifiable reasons such as ill health even if he or she is not in large part
involved. Act of dismissing for prolonged sick leave clearly points out lack of effective
employment contract leading to job insecurity.
Case law 6: R (UNISON) v Lord Chancellor [2017] UKSC 51:Challenge to employment tribunal
fees
Issue:
In an indictment of the usage of high fees for reducing the number of cases related to
employment, seven judges of the UK Supreme Court had decided unanimously that the
employment tribunal fees system is unlawful and the legislation that introduced the fees must be
quashed.

36LAW DISSERTATION
Judgment:
The mentioned case has been described as one of the most crucial judgments on the history of
the employment law in UK and a highly crucial constitutional case reiterating that the
government cannot use its power for blocking the access of citizens to justice. After this case, the
government of UK is now subjected to pay back approximately 32 million pound to the
claimants who had already been charged a fee since they were introduced in 2013.
Analysis:
The above case law signifies the effort of unison to ensure job security in the nation. At the same
time, it also points out lack of effort of the government to ensure job security in UK . Before the
modification of the UK about land, a good number of employees did not appeal against unfair
actions taken against them by the employer in order to avoid the huge amount of fees that needed
to pay to the tribunal law. This act should have been modified earlier in order to encourage the
employees to fight against job insecurity.
Case law 7: Bougnaoui and another v MicropoleUnivers (ECJ)Achbita and another v G4S
Secure Solutions NV (ECJ) Religious dress in the workplace
Issue:
In the year 2007, the European Court of justice (ECJ) had given its judgment on two cases of
Bougnaoui and Achbita associated with wearing religious dresses in office. Prior to the case
reached ECg, the advocate general had delivered its opinion in the Belgina case associated with
Achbita on instances when the employer possess the authority to ban religious dress including
Muslim headscarves. However another advocate general in the French reference in Bougnaoui

37LAW DISSERTATION
stated that employees should not be given the authority to ban any religious dress in the office
for the sake of neutrality that is required for both the employees as well as the consumers.
Judgment
As regards the Achbita case, the ETJ has concluded that a blanket ban is not specifically
discriminatory, but can be implicitly discrimination if it is not justified, as long as the rules on
religious dress are uniformly enforced across the board.
However, in Bougnaoui, the ECJ determined, on the basis only of customer's objections and the
very minimal circumstances of protection, that the one-off exclusion of the worker who wears
religious objects can not be protected.
Employers must be vigilant in order to rely on these situations. The laws of France and Belgium
still apply, and now the ECJ recommendations must be enforced in the national courts of France
and Belgium.
Analysis
Inorder to avoid anykind of conflicts associated with dress code, it is highly crucial for the
organization to implement effective polices that possess proper justification. These policies
should also be mentioned while documenting an employee contract so that an employee can be
well aware of what he or she is expected to wear once he or she joins the office. From the above
case study it can be Cleary understood the in employment contract the company had not
mentioned that the claimant will not be able to wear religious dress in the office. Thus in this
case lack of effective employment contract has resulted in job insecurity
Case law 8:Wippel v Peek &Cloppenburg GmbH & Co KG [2005] IRLR 211 ECJ

38LAW DISSERTATION
Issue
The claimant was hired by the University of the respondent and began work on 30 January 2006
as associate professor. In compliance with Part-time Employees Regulations, he made numerous
statements, including less favorable treatment. The ET investigated the usage of Mr Mark
Leader, a lecturer on the full-time contract, under the same form of contract as his comparator.
The ET found that Mr Leader was not a comparable full-worker under the authority of the
judgment of the European Court of Justice in Wippel v Peek & Cloppenburg GmbH (2005)
IRLR 211, and in these circumstances, since there was no valid, full-in the complaint of the part-,
it remitted that claim. The Claimant appealed.
Judgment
It was allowed by the EAT. The EAT had erroneously concluded that the complainant and his
full-term comparer had not been working under the same form of work, according to Wippel v
Peek&Cloppenburg GmbH & CoKG[2005] IRLR 211 ECJ. The case was referred to that
Tribunal to decide if, under Regulation 2(4)(a)(ii), part-time employees had been engaged or
were usually working, as opposed to Regulation 5, in the same or broadly similar manner.
Analysis
This appeal was allowed by the EAT. The ET was wrong in assuming that the complainant and
his full-time benchmark were not working on the same form of contract as the Wippel v Peek &
Cloppenburg GmbH & Co KG [2005] IRLR 211 ECJ. The case was referred to the Tribunal to
decide whether, according to Regulation 2(4)(a)(ii), a partial-time worker was working on the

39LAW DISSERTATION
same or substantially similar basis and, if so, if he received less-favored unequal treatment in
contravention of Regulation 5.
Case law 9: Mostyn v S and P Casuals Ltd (Employment Appeal Tribunal)
Issue
As a sales officer, over a four-year stretch an employee posted misleading statistics. His
employer then asked him to accept a nearly 50 percent cut in his standard salary (from £ 45,000
to £ 25,000 a year). He denied it and said that it was a rough attempt to get him out of business.
If a position was refused by the employer and a punitive pay cut was suggested, the employee
resigned without warning and lodged a tribunal claim for malicious wrongful dismissal. He
argued that such actions undermined the tacit notion of shared confidence and accountability for
the workplace.
Judgment
In dismissing the petition, the Employment Tribunal found that the poor performance of the
employee and its failure to resolve this caused its employer to take fair and effective steps that
would otherwise infringe on the implied term. This conclusion was however strongly rejected on
appeal. The EAT held that the courts could never determine whether the reasonableness of an
employee's actions could warrant such an violation while considering refusing an employment
contract. Unilateral wage cuts often remove the separate and necessary express word (for
remuneration) of any labor contract and are usually entitled to immediate resignation. The ET's
findings could not stand and the matter was remitted to a differently constituted tribunal.
Analysis

40LAW DISSERTATION
From the above case study it can be clearly understood that the organization have conducted the
breach of employment contract in order to reduce the investment cost through paying low to the
employees. Though, the monthly salary of the claimant was clearly mentioned in the
employment contract, breaching f the same can result in employee attrition. In a market with a he
number of organizations paying low wage to the employees, the value of labor gets diminished
leading to insure job and employee attrition.
Case law 10: G4S Cash Solutions (UK) Limited v Powell [2016] UKEAT/0243/15/RN, EAT
Issue
After impairment of the applicant as a result of a back injury, the respondent presented him with
a new role in his current levels of pay ("key runner") and led him into thinking that the role
would be long lasting. However, the following year, he claimed that he was willing to use him in
that capacity at a reduced salary rate only; and he was fired when the plaintiff refused to accept
such terms. The ET dismissed the claimant's contention that a statutory adjustment needed to be
made in this case because his rate of pay remained constant for the nearly 12 months during
which he served on adjusted duties.
Judgment
The EAT approved an theross appeal. There was definitely a difference in this case: the Tribunal
There was definitely a difference in this case: the Tribunal for Jobs needed to figure out what the
terms were. The EAT then refused the call and claimed that in the decision reached here, the jobs
tribunal was not incorrect or perverse. The result of his decision was the respondent's
continuation of an agreement that had already been in effect for one year and that the

41LAW DISSERTATION
complainant intended to remain in operation on a long-term basis. The Employment Tribunal
took the financial proof into account and examined it on the basis of whether the respondent was
fair for taking the action in basis. The scale
Analysis
This case study also points out discrimination against disabled employee as well as breach of
employment contract. According to researchers, job insecurity can be described as one of the
sources associated with breach of the relational psychological contract, where the continuation of
the employment relationship possess the potential to be under threat; hence, job security in
exchange for performance or loyalty can no longer be expected41. This case clearly points out
that breach of employment contract is has resulted in unfair dismissal. Unfair
dismissal negatively affects the motivation and commitment of the employees involved42. It
threatens the quality of production and services provided, and such can potentially threaten the
very success of any improvements that will be undertaken.
Chapter 5: Discussion
From the above findings and analysis it can be clearly understood that lack of effective
employment contract is a major reason behind job insecurity of the employees working in
organizations of UK. Now, it can be said that lack of effective employment contract possess a
direct relation with the huge availability of jobs that are low paid in UK. More than 5 million
workers across the nation are low paid and possess insecure work. This in turn have left families
struggle for making both ends meet. According to (), while a huge number of jobs are available
41Richter, Anne, and Katharina Näswall. "Job insecurity and trust: Uncovering a mechanism linking job insecurity to
well-being." Work & Stress 33.1 (2019): 22-40.
42Nätti, Jouko, et al. "Job Insecurity, temporary work and trade union membership in Finland 1977-2003." Job
insecurity, union involvement and union activism.Routledge, 2017. 11-47.

42LAW DISSERTATION
in UK, there exist massive scarcity of job that offers full time contract to the employees.
Majority of the organizations in UK are found to offer jobs that are temporary or possess Zero
employment contract. According to researchers, the proportion of the teenagers working on a
parttime basis has got reduced to a great extent. It has been found that only 20 percent of the
teenagers works for conventional job. Majority of the audiences as well as young adults are
found to opt for online jobs for earning money. Online freelancing is considered to be major
source of income of young adults in UK. While it has been found that the amount of money
earned by young people at their age is satisfactory, according to majority of the employers, lack
of real life experience of handing a job have resulted in lack of soft as well as hard skills of the
youths in UK. for instance, a good number of youth s are found to be lacking effective skills to
handle conflict, person as a team as well as effective verbal and nonverbal communication skills
which in turn is making it difficult for the youths to get recruited as full time employees.
Researchers stated that almost half of the individuals on zero hourscontract wants more regular
work as well as greater levels of job security, as per the study that challenges the idea that
employees want such terms for the flexibility offered by them43. As per a survey conducted from
three labor market economists, 44 percent of the employees in a survey of 20,000 individuals
who are working on zero contract basis stated that they would like more working hours. Not only
this only 28 percent of the workers working for Zero contract hour uses the advantage of the
facility offered. Considering the fact that almost a million of the individuals in the nation are not
guaranteed any hours by the employers, compared with only 200,000 at the turn of the
millennium, suggesting that work in Britain has become increasingly precarious.
43 newsoneplace.com, 'Proportion Of Young People In Saturday Jobs Halves In 20 Years' (newsoneplace.com, 2020)
<https://www.newsoneplace.com/3007331911/proportion-saturday-people> accessed 20 March 2020

43LAW DISSERTATION
However, () argued that over the past 10 years, a slow rise in the number of full time
employment contract has been evidenced due to the numerous scandals associated with the zero
hour contracts. However till now more than 780,000 individuals are found to be working without
the guaranteed fix hours. Especially when it comes to young adults as well as adolescents, the
rate of employees working for low wage as well as for zero contracts is excessively high.
According to researchers, a good number of employers are using the technique of zero contract
in order to save investment cots by paying employees with lower amount of salary. According to
researchers, more than 2 million parents as well as 1 million young adults are found to be lacking
adequate working hours as well as pay and the chief reason behind this is cancelled shift. A
disproportionate amount of individual from the black as well as minority ethnic background is
fund to be getting affected due to this shift. According to the study, almost 54 percent of the
employees are found to have no other option other than to accept working for zero hours contract
due to the lack of full time job in UK. this the mentioned study have uncovered a potential link
between usage of Zero hours and temporary contracts by the employers and the national rise in
minimum wage, specifically in low pay sectors like home care hospitality clean as well as
maintance. According to a good number of economists, companies established in UK are
exploiting the concept of flexibility of zero hours contracts for buffering the wage cost shock that
has been induced by the increment of the minimum wage. It can be clearly understood that
lower will be the number of shift of the employers lesser will be the amount to be paid to them
by the employers. In UK, the minimum wage of an employee has got increased by 7.83 Pound an
hour for employees over the age of 25 earlier this year, having gradually risen from a rate of 6.19
pound an hour in the year 2012. This in turn have eventually lower the rate of shifts that was

44LAW DISSERTATION
earlier available to the employers 44. But despite the above-inflation rise in median wages, the
annual survey for hours and earnings shows that workers are still clawing back the ground lost
when pay was cut and frozen during the deep recession of 2008-09. According to researchers,
due to the enhanced number of organizations offering the employers with zero contract or
temporary contract facilities, the overall earning continued to increase in 2019, taking the
inflation under consideration, the real pay is still highly low even below the pre-recession levels.
As a result of this, a majority of the workers who works on temporary bass or on the basis of
zero contracts are paid slightly above the minimum wage. Thus the relatively low pay while
getting coupled with the limited as well as fragmented hour, pointed out higher level of
earninginsecurity for employees who only possess the option to work on this type of
arrangements.
Considering the fact that a good number of employers have considered the technique of lowering
their investment costs while maximizing their revenue by implementing temporary and zero
contracts, a huge number of organizations are found to be recruiting employees on the basis of
zero contracts. According to the government, the unemployment rate has got reduced by 1.3
million. While the official number of unemployment individuals in UK is 1.4 millions,,
according to researchers approximately, 2.3 million people are hidden unemployed. By the term
hidden unemployment it means people who are actually employed but are working on zero
employment contract basis and thus possess no job facilities. These people aren’t fraudulent
claimants too lazy to work. They’re communities, often concentrated in older industrial areas
that have been badly let down by decades of under-investment. The enhanced number of
employment thus does not signifies that the economy of UK is getting enhanced , rather signifies
44 Partington R, 'More Regular Work Wanted By Almost Half Those On Zero-Hours' (the Guardian, 2020)
<https://www.theguardian.com/uk-news/2018/oct/03/regular-secure-work-wanted-by-almost-half-on-zero-hours-
contracts-flexible-gig-economy> accessed 20 March 2020

45LAW DISSERTATION
a symptom of economic malaise. The higher number of job facility is resulting economic growth
while making the employees of the nation poorer. While the employment growth is getting high,
the wage growth of employees working in British organizations are much low compared to the
pre recession levels. Generally, as per the conventional wisdom, when the employment rate of a
nation increases, its labor market tightens , resulting in more bargaining option for the employees
along with the rise in wagesBut the rapid rise in self-employment means that jobs have a
significantly greater amount of spare-time, as well as a zero hour wage, contractor employment,
a growing unemployment, underemployment and other forms of non-standard job. This indicates
that the proportion of full-time jobs in recent years has fallen by some percentage points. .
Researchers have also pointed out another major reason that is responsible for weakened
bargaining power of the employees 45. Along with increased risk of job insecurity, harsh benefit
system is pushing the residents of UK into risk averseness. This denotes that more and more
employees are sticking to jobs with lower pay rather than seeking for a job with higher risk.
While unemployed individuals do get benefits as well as labor market support from the state, it is
designed to obtain them into work along with off benefits as quickly as possible, instead of
supporting them to obtain decent work that develops and makes best use of their human capital.
Thus it can be clearly understood that the enhanced number of organizations with zero contract
or temporary contract facilities are responsible for the increased level of job insecurities of the
employees. Thus the hypothesis that is “the exceeding level of employment opportunity has
challenged the security of employment in the UK” has been proved to be true for employees
working in UK.
45 Shafique A, 'Jobs Factory Of Insecure Work - RSA' (Thersa.org, 2020)
<https://www.thersa.org/discover/publications-and-articles/rsa-blogs/2017/11/jobs-factory-of-insecure-work>
accessed 20 March 2020

46LAW DISSERTATION
Chapter 6: Conclusion and recommendation (1000)
From the above discussion, it can be concluded that enhanced level of job opportunity with the
rise in zero hour contracts, agency work, the gig economy, under-employment and other types of
non-standard work are the leading reasons behind job insecurity in UK. More than 5 million
workers across the nation are low paid and possess insecure work. This in turn have left families
struggle for making both ends meet. The proportion of the teenagers working on a part time basis
has got reduced to a great extent. It has been found that only 20 percent of the teenagers works
for conventional job. While it has been found that the amount of money earned by young people
at their age is satisfactory, according to majority of the employers, lack of real life experience of
handing a job have resulted in lack of soft as well as hard skills of the youths in UK. Till now
more than 780,000 individuals are found to be working without the guaranteed fix hours46.
Especially when it comes to young adults as well as adolescents, the rate of employees working
for low wage as well as for zero contracts is excessively high. Considering the fact that a good
number of employers have considered the technique of lowering their investment costs while
maximizing their revenue by implementing temporary and zero contracts, a huge number of
organizations are found to be recruiting employees on the basis of zero contracts. According to
the government, the unemployment rate has got reduced by 1.3 million. While the official
number of unemployment individuals in UK is 1.4 millions,, according to researchers
approximately, 2.3 million people are hidden unemployed. By the term hidden unemployment it
means people who are actually employed but are working on zero employment contract basis and
thus possess no job facilities. These people aren’t fraudulent claimants too lazy to work.
46 Summers A, 'UK: Employment Growth At The Expense Of Pay And Job Security' (Wsws.org, 2020)
<https://www.wsws.org/en/articles/2019/02/06/inse-f06.html> accessed 20 March 2020

47LAW DISSERTATION
In order to deal with the current situation of job insecurity, the following recommendations needs
to be followed:
Change in Government policies: The current UK policies for unemployment has been designed
to obtain work with off benefits as quickly as possible, instead of supporting the people to obtain
decent work that develops and makes best use of their human capital. These polices of UK needs
to be changed on an emergency basis in order to deal with job insecurity47. Policies like
Apprenticeship schemes should be encouraged so that the unemployed employees can be
provided with new skills along with skills that are needed to enhance the incentives to find better
opportunities at work.
Benefits as well as tax reforms: According to a good number of economists a policy that possess
the potential to reduce the real value of welfare benefits may enhance the incentives for the
unemployed for taking up new jobs48. Along with unemployed people, facilitates should also be
given to employees who are self employed as well as works at zero contract basis so that they
can take the risk of leaving a job and opt for a better job with higher job security and better
remuneration. This will eventually enhances the power of the employees and job security. This is
because, once employees are given the assurance that the government will providing them with
effective support during the period of unemployment while they leave will leave current job and
will search for jobs that are more secure and offer high wage, more and more employees will
avail this opportunity. This in turn will enhance completion between the organizations to retain
skilled employees by modifying their contracts and thus ensuring job security.
47 Selenko, Eva, Anne Mäkikangas, and Christopher B. Stride. "Does job insecurity threaten who you are?
Introducing a social identity perspective to explain well‐being and performance consequences of job insecurity."
Journal of Organizational Behavior 38.6 (2017): 856-875.
48 Kalleberg, Arne L. "Job insecurity and well-being in rich democracies." The Economic and social review 49.3,
Autumn (2018): 241-258.

48LAW DISSERTATION
Effective regulation to diminish the usage of Zero contract polices and encourage organizations
to adopt full time employment contracts. According to researchers, the government requires to
outline its industrial strategy additional measures in order to work with employers for improving
job security and enhanced amount of wage49. For instance, in order to ensure that more and more
organizations are implementing full employment contracts, the government should enhance
financial support to the organizations who will be recruiting employees for full time and provide
them with the necessary facilities and thus improve labor market enforcement.
49 Gallie, Duncan, et al. "The hidden face of job insecurity." Work, employment and society 31.1
(2017): 36-53.

49LAW DISSERTATION
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Case laws
Richmond Adult Community College v McDougall [2008] EWCA Civ 4 (2005)
Enfield Technical Services Ltd v Payne; Grace v BF Components Ltd [2008] EWCA Civ 393
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56LAW DISSERTATION
Wippel v Peek &Cloppenburg GmbH & Co KG [2005] IRLR 211 ECJ
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