Forms of working relationships

1. Does the control over an employee have to be enforced everyday?

  • No, it is more of a contractual right to control the employee
  • Yes, it has to be exercised in order for the person to be an employee
  • It can develop and change over time
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Other questions in this quiz

2. What was the outcome of Ford v Warwickshire County Council?

  • A teacher who did not work for six weeks in the summer due to the holidays was allowed to contribute the weeks as holiday
  • A teacher who did not work for 6 weeks in the summer due to the school holidays was allowed to be classed as employee in the school term times but was not an employee in the summer as there was no mutuality of obligation
  • A teacher who did not work for 6 weeks in the summer due to the holidays under which she was not governed by an employment contract was considered as a temporary cessation of work and contributed towards her continuous employment period.
  • A teacher who did not work for any of the school holidays was classed as an employe with aa floating contract that did not have an end date

3. What is the statutory response to casual workers who have gaps in their employment?

  • S212(1) ERA - any week during the whole or part of which any employee's relations with the employer are governed by a contract of employment will count towards continuous employment
  • Use a global contract
  • S212(2) ERA - all gaps combine together and you are actually a worker instead of being self-employed so some rights are still avaliable

4. What case established the irreducible minimum?

  • Autoclenz v Belcher
  • Plimlico Plumbers Ltd v Smith
  • RMC v Minister of Pensions and National Insurance
  • Carmichael v National Power
  • Nethermere (St Neots) Ltd v Gardiner

5. What is the problem with casual workers?

  • Issue is whether there is any mutuality of obligation in gaps between employment as well as when the employee is working.
  • Issue is whether there is any control by the employer in the gaps when the individual is not at work
  • Issue is whether all the gaps where the employee is not working can be combined together
  • Issue is whether a casual worker can be paid all the time

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