Employment Law and Status Flashcards
(19 cards)
Employment Law & Status
Status of People in Work
3
- Employee
- Worker
- Independent Contractor
Employment Law & Status
Contract for Service
1
Means a standard employee contract
Employment Law & Status
Contract for Services
1
Means an independent contractor
Employment Law & Status
Key Features: Independent Contractor
6
Not obliged to be offered or accept work
Work under own direction
Sends invoices for completed work
Power of substitution
Own tools and equipment
Tax and NI not deducted at source
Employment Law & Status
Key Features: Employees
6
Fixed Hours and employer must pay
Follow employer instructions
Regular pay
No power of substitution
Tools and equipment provided
Tax and NI deducted at source (PAYE)
Employment Law & Status
Tests to Determine Employment Status
3
- Control Test- what degree of control? (outdated)
- Integration/Organisation Test- are they integral?
- Multiple/Economic Reality Test- all factors accounted- where/when they work, degree of control, the contract, how paid, how taxed
Employment Law & Status
Statutory Rights for Workers
1
s230(3) Employment Rights Act 1996
(employees/individuals personally performing work other than for customers of their business)
Employment Law & Status
Right not to be Unfairly Dismissed
1 (available to…)
Employees
Employment Law & Status
Right to Stautory Notice Period
1 (available to…)
Employees
Employment Law & Status
Right to Redundancy Payment
1 (available to…)
Employees
Employment Law & Status
Right to Min or Living Wage
2 (available to…)
Employees
Workes
Threshold is 21yrs old to qualify for Living Wage
Employment Law & Status
Right to Automatic Pension Enrolment
2 (available to…)
Employees
Workers (if they earn enough)
Employment Law & Status
Working Time Regs 1998
2 (available to…)
Employees
Workers
Employment Law & Status
Paid Maternity and Family Friendly Rights
1 (available to…)
Employees
Employment Law & Status
Statutory Sick Pay
2 (available to…)
Employees
Workers (if they earn enough)
Employment Law & Status
Protection from Discrimination
2 (available to…)
Employees
Workers
Employment Law & Status
Health and Safety at Work Act 1974
2 (available to…)
Employees
Non-Employees
Less protection for workers and contractors
Employment Law & Status
TUPE 2006
1 (available to…)
Employees
