Employment Law Cases

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Created by: Simon Curry
Created on: 12-01-20 11:45

Yewens v Noakes [1880]

Control means the control over the employee

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Walker v Crystal Palace

Contract created several restrictions over individual, enough to suffice employee.

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White v Troutbeck SA [2013]

Does not matter whether control is used, just to whether it could be.

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Ferguson v John Dawson and Partners.

For integration, court looks at whether individual's work is integral to the business

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Market Investigations Ltd v Minister of Social Security [1969]

Economic Reality Test - The degree of financial investment by the individual to perform the service

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Nethermere (St Neots) Ltd v Gardiner [1984]

Regular longstanding arrangement can suffice a mutual obligation to accept work.

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Massey v Crown Life [1978

Label - Manager labelled himself as self employed for tax purposes. This label removed his employee rights so he could not claim unfair dismissal.

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Autoclenz v Belcher [2011]

Courts can try and look past the label employer gives as the contract may have clauses to attempt to remove the employee rights

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Ready Mixed Concrete v Minister of Pensions [1968]

Set out three principles of establishing an employee 1. The individual provides his own work and skill in the performance of some service; 2. That service the individual provides is subject to the employers control; 3. The terms of the contract are c

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Other cards in this set

Card 2

Front

Contract created several restrictions over individual, enough to suffice employee.

Back

Walker v Crystal Palace

Card 3

Front

Does not matter whether control is used, just to whether it could be.

Back

Card 4

Front

For integration, court looks at whether individual's work is integral to the business

Back

Card 5

Front

Economic Reality Test - The degree of financial investment by the individual to perform the service

Back

View more cards

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Employment Law Cases