Cases

Question 1

Uber v Aslam

Answer 1

Are Uber drivers entitled to employment rights? Courts ruled that other types of contracts also contain inequality of bargaining power.

Question 2

Autoclenz v Belcher

Answer 2

Rights of delegation contained in and employment contract. Modernised sham agreements to cover the situation here.

Question 3

HMRC v PGMO

Answer 3

Position of referees in English premier league. Sufficient control.

Question 4

Malik v BBCI

Answer 4

Case of implied terms and inequality of bargaining power. Employment contract features a person relationship unlike other contracts.

Question 5

Ready Mixed Concrete v Ministers of Pensions

Answer 5

Sets out conditions of an employment contract.
- Employees must give their own performance.
- Sufficient degree of control.
- Contract must be consistent .

Question 6

Addison Lee v Belcher

Answer 6

Outlines the importance of comments made by the employer.

Question 7

Lane v Shore Roofing

Answer 7

Context can have a difference on the outcome. (unfair dismissal, tax, personal injury)

Question 8

Sommerville v NMC

Answer 8

If the contract lacks ongoing commitment it can still be one of employment. E.g. 10 contracts a year amounts to one continuous contract.

Question 9

Tesco v USDAW

Answer 9

Tesco wanted to relocate staff to different distribution centres. Fire and re-hire to implement new contracts without the increased pay.

Question 10

Courtaulds v Northern Spinning

Answer 10

Mobility - No express term as to place of work. Most employment contracts will provide for place of work.

Question 11

Sinclair v Neighbour

Answer 11

Manager of betting shop borrowed £20 from cash machine to place be. He returned the money the next day however, if he had asked permission the answer would have been no.