The Taylor Review: Employment Status, Rights, and Case Law Analysis

This essay delves into the complexities of employment law, particularly focusing on the significance of understanding employment status and its implications for both employees and employers. It examines the statement highlighting the knowledge gap regarding employment rights and r...Read More

Legal Context

Table of Contents
Introduction .....................................................................................................................................1
Main Body ......................................................................................................................................1
Task .......................................................................................................................................1
‘For individuals, not knowledgeable about their employment status effectuate not having
knowledge about what employment rights they deserve. For business concern, this situation
could lead to dubiety about their duty and what could be requested from workers.’ (Law
Society submission to The Taylor Review of Modern Working Practices 2017). Discuss this
statement with reference to present-day case law and regard whether there is a way to ease
this area of law........................................................................................................................1
Conclusion.......................................................................................................................................4
References ......................................................................................................................................5

Introduction
The employment law provides for the laws related to the recruitment to both the
employers and the employees of the company. These employment rights provides for the duties
of the employer that has to be fulfilled by him in any condition. Moreover, the employment law
provides for the holidays, leaves, maternity allowances, disability, etc. to all the workers of the
organisation as their basic rights under the recruitment of the company(Fudge, 2018). Moreover,
there are various acts that are being framed by the legislation of the country in lieu with the
employment of the employees in an institution. This report would explain about the importance
of the employment status. Moreover, it would also outline about the rights of the employees in an
organisation. This report would also discuss about the report of the Taylor Review.
Main Body
Task
‘For individuals, not knowledgeable about their employment status effectuate not having
knowledge about what employment rights they deserve. For business concern, this
situation could lead to dubiety about their duty and what could be requested from workers.’
(Law Society submission to The Taylor Review of Modern Working Practices 2017).
Discuss this statement with reference to present-day case law and regard whether there is a
way to ease this area of law.
The employment is the process of recuriting the employees and workers for the
organisation. These employment is done under a valid contract that is bindable by the law of the
country. Moreover, there are various cases where the employment agreement is made between
the employer and the employee of the company. These conditions tat are written under the
contract act of the country must be fulfilled by each and every employer and the employee of the
organidsation. Moreover, the contract must contain all the necessary cconditions for the
execution of the services given by the employee of the company. This must include the detail of
the salary of an employee along with the salary in hand and cost to company salary of an
employee. Moreover, it must contain the time period for which the employer is liable to provide
employment to the employee of the company(Haines, 2018). The contract should also include
about the terms of the conditions of such employment given by the management. Moreover, it
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would also discuss about the duties and the working of the employee so employed in an
organisation.
The employment status explain about the protection and the rights of the emp[loyees who
rae hired by the management of the comp[any. Moreover, at the time of the hiring, the employer
must specify the status of the employee in an organisation. The employee has to enjoy its rights
as per the employment status of such worker at the time of hiring the employee. Moreover, it
would also specify the obligations and the duties of the employer with regard to such employee
of an organisation. Moreover, the employment status is not specifically specified under any law
of the UK. It is being described in the general way by the jurist and the decisions of the case law
of the country(Khan, et.al, 2019). Hence, there is no such law regarding the employment status
for the country. But, the employer must provide it at the time of the hiring. This is done so that it
would provide a clear view to both the employee and the company regarding their roles and
duties in an organisation. Moreover, the employment status can be of like apprenticeship,
contractual or regular paid employees in an organisation. This is to be decided by the employer
while recruiting the workers for the company. So, that no complications could arouse in the
future. Further more, the obligation of the heath care for the employees arise where the company
hires more than fifty employees in an organisation. This legislation is formed under the ACA Act
of the country. More over, the employment status can be described into three categories. These
three categories includes the worker, employee and the self employed individual in a country.
Moreover, the most common employment status is the worker as per the cases seen in the
country. The conditions that describes about the worker is that the worker has the set of
conditions in order to execute its activity under an organisation. Moreover, the worker has no
choice to work on its own. The worker is generally helpless while choosing his choice of work.
In addition to this, the worker has no authority to sub contract his work under the law of the
country. It also includes that the worker would not act like a limited company under any
condition in the case(López Andreu, 2019). The second employment status is of the employee.
The employee must not sub contract his work to any other person under the law of the country.
Moreover, the employee has to work for minimum working hours in an organisation in which he
is employed. The employee has to sign a contract regarding the employment with the
organisation for his work done by him. Moreover, the employees has the fundamental right that
they must get the paid leaves as per the law of the country. The third category of the employment
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status is the self employed persons. The self employed persons are those persons who has the
right over their their working in an organisation. The self employed person has the total control
in their hands of an organisation for which they are working. The self employed also has various
obligations that has to be followed by every self employed because he has the full control over
the business in an organisation. Moreover, the profit of the business is the amount earned by that
individual person in an organisation. Hence, these three employment status explains about the
various laws of the employment in the country.
The employment status is very necessary for both the employer and the employee in an
institution. This is because the employer has to provide for rights of the employees. Moreover, if
the employment status is not specified, then it would lead to complications in the relationship of
the employer and the employee of the business concern. For instance, it can be seen that in the
case where the business concern offers more employment status than it can afford, then it can
lead to loss to the business organisation. So, it is very crucial to make correct employment status
for the employee of the company for both the business and the employee(Mangan, 2020).
The Taylor Review was held in October 2016 by the Matthew Taylor. This review has
basically discussed that the employment status and the employment relations between the worker
and the company is changing from the last few years. It has studied on various aspects of the
employment in order to get the better results. These results showed that now the employees are
more concerned about their rights who are executing their duties in an organisation. Moreover, it
would also explain about the laws of the employment along with the present condition of the
employees in the country. Moreover, there are three main focused areas of review under the
prescribed report done by the Taylor. These report would include the worker exploitation
tackling strategies, increment of the knowledge of the employment laws regarding the rights of
an employee. It would further include the alignment of the industrial strategy with the objectives
of the nation(Mantouvalou, 2018). This report summarises that the frame work of the legislature
should accommodate the employers present condition that has to be reviewed by the authorised
authority. This is to be done in order to make the employment laws more effective for the
country. It would also reduce the exploitation of the employees in an organisation. Moreover,
this report has provided with the fifty three recommendation to the government of the United
Kingdom with reference to the employment conditions in the country.
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These fifty three employment recommendations would include the employment status,
continuance of the service, pay for holidays, leaves, agency workers, enforcements, zero hours of
contract, etc. Moreover, all these aspects are discussed in detail in the report. The government of
the country has further more accepted the fifty one recommendation out of the fifty three
recommendations which are made by the Taylor. This acceptance has released in 2018 under the
Good Work Plan Proposals for both the employer and the employee of the company. Moreover,
in 2019 the government added three more recommendations under the same plan for its better
execution. These three plans includes the proposals with reference to support the families of the
worker, one sided flexibility at the work place for the employees and established the employment
rights for the employees of an institution(Sánchez, et.al, 2020).
The case of the Leacy v Building Craft College explains about the rights of the
employees with regard to the discrimination on the basis of disability among the employees.
Moreover, there are employment laws like the Employment Rights Act, 1996, Equality Act 2010,
Minimum Wages Act, Health care Act, etc. that has to be complied by each and every
organisation of the country. These acts provides for the safety and health care provisions of the
employees of the country. Moreover, it would also provide for the provisions for no
discrimination among the employees on nine grounds such as the gender, sexual orientation,
maternity, disability, etc. Hence, these conditions can be ease by properly implementing the
employment law in the organisation(Wischer, 2018).
Conclusion
The above report concludes that the employment law is very necessary for any country in
order to execute the functions in an organisation. It also summarises about the role of the
employment status in an organisation. This report also explains about the three types of the
employment status in the country. Moreover, it has also discussed about the Taylor report whose
recommendations are accepted by the legislature of the country. This report also explains that the
employees can be protected if there is proper execution of the employment rights in every
organisation of the country.
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References
Books and Journals
Fudge, J., 2018. Modern slavery, unfree labour and the labour market: The social dynamics of
legal characterization. Social & Legal Studies, 27(4), pp.414-434.
Haines, A., 2018. UK considers closer links between employment and tax rules. International
Tax Review.
Khan, N., et.al , 2019. Diversity in the workplace: An overview of disability employment
disclosures among UK firms. Corporate Social Responsibility and Environmental
Management, 26(1), pp.170-185.
López-Andreu, M., 2019. Neoliberal trends in collective bargaining and employment regulation
in Spain, Italy and the UK: From institutional forms to institutional outcomes. European
Journal of Industrial Relations, 25(4), pp.309-325.
Mangan, D., 2020. Freedom and Dignity in the UK workplace. Italian Labour Law e-
Journal, 13(2), pp.35-49.
Mantouvalou, V., 2018. The UK modern slavery act 2015 three years on.
Sánchez-Monedero, et.al , 2020, January. What does it mean to'solve'the problem of
discrimination in hiring? Social, technical and legal perspectives from the UK on
automated hiring systems. In Proceedings of the 2020 conference on fairness,
accountability, and transparency (pp. 458-468).
Wischer, K., 2018. Employer obligations when investigating complaints against
staff. Independent Education, 48(2), pp.32-33.
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