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Employment Law: An Introduction

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Added on  2020-10-23

Employment Law: An Introduction

   Added on 2020-10-23

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Employment Law
Employment Law: An Introduction_1
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1Organisation and Coherence.......................................................................................................1MAIN BODY...................................................................................................................................1Content........................................................................................................................................1CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7
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INTRODUCTIONOrganisation and Coherence Employment law is a vast area covering the legal framework related with the statue andregulation that every organisation must implement while carrying out the business activities. Theemployment incudes different legislations, regulations and standards to guide the conduct ofbusinesses and companies. In the present report, an area on employment law regarding statues ofemployee under an occupation is discussed. The different status of employment are presented inthis report with taking relevance from current case laws to give them a definite meaning.MAIN BODYContent The employment rights are available to the individuals in UK through the Employmentrights Act [ERA], 1996. In legal terms there is a difference between those who are dependent forwork on the employers and those who carry on the business on their own. The legal rights of theact are accorded on the former one not on the latter.EMPLOYEES: Those individuals working under the contract of service are referredunder legislation act employees. The employees have complete access to the rights empoweredunder the employments law (Countouris, 2016). As per Section 230(1) of the ERA 1996, anemployee is a person who has entered into employment contract which means a contract ofservice or apprenticeship whether expressed or implied, oral or written.Under the law individuals working for others party to a contract are distinguished between twoparts:WORKERS: These individuals are not in the business of themselves and are referred asworkers. They are conferred with lesser rights of employments as compared to employees(Todolí-Signes, 2017). They are given basic protections of minimum wages, working time limits,annual leaves etc. As per section 230(3) of the ERA 1996, a worker means an individual whoworks under employment contract whether expressed or implied, oral or written where theperson agrees to undertake any work or service personally for another party. This includesagency workers, Zero-hour contract workers.INDEPENDENT CONTRACTORS: These are the individual who enters in contractwith clients and serve consumers as professional and carry on business on their own. There arenot conferred with any employment rights under the legal framework (Rogers, 2016). The1
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independent contractors are self-employed who are hired by the businesses to do specific jobs.They do not have any rights under employment law (Brodie, 2005). The independent contractworks for client organisation under a contract for services. Importance of the employment status: The employment law has many mechanisms for determining the employment status aswhether or not an individual is eligible for employment rights conferred by the employmentlegislation. The employee is given while rights and power while the workers re given basisessential rights and the self-employed independent contractors are out of the ambit ofemployment laws and its rights (Balaram, Warden and Wallace-Stephens, 2017). But withchanging time there is a call for reform in the application of the employment rights. Thelegislation is complex and are prediction are difficult. The worker such as agency worker orZero-hour contract workers find is very difficult to acquire the rights under the laws applied tothem (Sargeant, 2017). In 2017 the modern employment practices are independently reviews bythe Taylor over the implication of employment regulation on the new form of work driven bydigital platform. The guidelines are provided by HMRC to determine a worker as employee orself-employed, and depends on the test of control, substitution and mutuality of obligation.The gig Economy work refer as use of the apps by people to sell their labour. The mostcommon example is Uber and Delivaroo and the number of platforms facilitating this type ofworking style is growing with time (Rose and Busby, 2017). The charter institute of personal anddevelopment (CIPD) estimated that about 1.3 million of the people which constitute 4% of all inemployment working in gig economy in UK. This percentage its estimated to grow as people inthe employment are thinking about trying different forms of gig economy activity in next year.Employment status and Brexit, 2019: The whole economy of the UK is on the verge of vulnerability means anything canhappen, facts have shown that 47% of the EU citizens are considering to leave UK who arecurrently employed in UK. With this and increase in the inclination towards gig economy theemployments rights to workers and self-employed in UK are demanding reforms as to changetheir employment status as well as give them basis employment rights to secure their position inthe employment (Davidov, 2005). With Brexit in 2019 the Britain is going to face certainbenefits as well contingencies including the employment sector.COMMON LAW TESTS:2
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