7. What can employers place into a contract to avoid establishing the personal requirement to work of an employee?
No contract
Substitution clauses
Fake contract
Sham clauses
8. What is meant by the employer justifying the unfavourable treatment?
The individual must prove that the employer had to treat both full time workers and part time workers unfavourably for it to be fair
The employer must prove that the less favourable treatment was a proportionate means of achieving a legitimate aim.
The employer must prove that it was the quickest, easiest and cheapest way of sorting out a problem which did not impact full time workers
9. What case is authority for the integration test for employment status?
RMC v Minister of Pensions and National Insurance
Stevenson and Others v MacDonald and Evans
Carmichael v National Power
Troutbeck SA v White
10. Is there a qualifying period for part time workers before they can claim for less favourable treatment?
They cannot claim for anything as they are only part time workers
No, they have 'day one' rights and can claim on their first day of work
Yes, they still have to have the two years minimum continuous employment
11. What is the leading case for sham contracts?
Protectacoat Firthglow v Szilagyl
Snook v London and West Riding Investments
Autoclenz v Belcher
Consistent Group v Kalwak
12. What case gives authority for substitution clauses prohibiting the creation of an employment relationship.
Troutbeck SA v White
Echo and Express Publications v Tanton
Staffordshire Sentinel v Potter
RMC v Minister of Pensions and National Insurance
13. What does the part-time worker regulations provide?
Allows part time workers to challenge less favourable treatment which is on the grounds of their part time status if it cannot be objectively justified by the employer
Allows part time workers to challenge their rights if they employer decides that they do not get all of them as they do not work full time
It allows part time workers to sue their employer if they only give things to full time workers
It allows the part time worker to move into a full time worker position at any point
14. What is the 'Gig Economy'?
market with short-term contracts where everyone is an employee
labour market characterized by the prevalence of short-term contracts or freelance work as opposed to permanent jobs.
working environment that offers flexibility with regard to employment hours
15. What is the main issue with agency workers?
There is no contractual arrangement with the end client, only one with the agency but this means there will never be an employment relationship
There is no contractual arrangement with the end client so the issue is who the agency workers are paid
There is a contract for the agency workers with the agency but there is no personal service requirements or control so there is no employment relationship
There are no rights for agency workers as they are not employees
16. What case gives authority for the entrepreneurial test for employment status?
Airfix Footwear Ltd v Cope
Quashie v Stringfellows Resturants
Echo and Express Publications v Tanton
17. What is the key case for the test of control?
Ready Mixer Concrete Ltd v Minister of Pensions and National Insurance
Troutbeck SA v White
Carmichael v National Power
Nethermere (St Neots) Ltd v Gardiner
18. What does the Agency Worker Regulations set out?
It allows agency worker's day one rights to employment claims such as unfair dismissal
It provides agency workers with holiday pay, sick pay and redundancy rights
Allows agency worker's some rights only if they are in the same position for 12 weeks or more.
It allows agency worker's to become employees if they work in the same position for 8 weeks or more
19. What was the outcome of Nethermere (St Neots) Ltd v Gardiner?
Mrs G was held to be an employee as the practice of accepting work and it being provided has developed over the years and crystallised into mutuality of obligation.
Mrs G was held not to be an employee as she worked from home so was self-employed
Mrs G was held to be an employee as she was doing the same work just from home
Mrs G was held not to be an employee as she did not have any written obligation to complete work or for it to be provided to her
20. Does it matter what the parties have labeled the working relationship?
It is not decisive but not disregarded altogether. Where the situation is marginal the description could tip the balance and may be included.
No, it is a matter of substance not form so the description is ignored
Yes, we only look at the contract as that is written down
We ask the parties and what they say decides the form of relationship.
