Week 9 - Employment Law

Question 1

What’s the 1st test of Employment status?

Answer 1

Contracts
- The articulation needs checking

Contract of service = employee
Contract of services = self-employed

Question 2

2nd test of employment status?

Answer 2

Control Test
- Does the person have control over how, where and when they work?

No = employee
Yes = Self-employed

Question 3

3rd test of employment status?

Answer 3

Integration Test
- Is the person an integral part of the business

Yes = Employee
No = Self-employed

Question 4

Name 2 factors that indicate someone is integral to the business

Answer 4

• Wears a staff badge
• On telephone lists
• Attend staff meetings/parties
• Contribute to practice development

Question 5

What’s the 4th test of employment status?

name test, what it is

Answer 5

Economic Reality Test
- The courts will consider reality of situation and take these factors into consideration

• Degree of control
• Method/frequency of payment
• Working hours
• Right of substitution
• Degree of financial risk taken
• Mutuality of obligations
• Provision of own equipment
• Provision of own equipment
• Ability to hire help

Question 6

Name 2 examples of what may classify somebody as a WORKER

Answer 6

• Less structured work, casual not regular
• No guaranteed hours
• Person does work themselves
• Person does what they’ve agreed to do, nothing more.

Question 7

Name 2 examples of WORKER’S employment rights

Answer 7

• Written statement of terms
• Paid annual leave
• Entitlement to Min Wage
• Protection against unlawful discrimination

Question 8

Name 2 things WORKER’S are NOT entitled to

Answer 8

• Statutory redundancy pay
• Protection against unfair dismissal
• Right to request flexible working

Question 9

Name 2 of the five factors that came into play for Supreme Court’s decision on Uber driver’s status

Answer 9

1 Control over how much drivers are paid for the work they do
.
2 Drivers are required by Uber to sign and accept a standard written agreement

3 Uber controls drivers’ choice about whether to accept/decline a passenger journey by not informing driver of destination of a journey etc + penalises drivers for cancelling or declining journeys.

4 Uber exercise significant degree of control over how drivers operate e.g. if driver doesn’t follow route specified by Uber and passengers complain, Uber might remove driver’s access to App

5 Uber restricts communication between driver and passenger