1. What case gives authority for substitution clauses prohibiting the creation of an employment relationship.
RMC v Minister of Pensions and National Insurance
Staffordshire Sentinel v Potter
Echo and Express Publications v Tanton
Troutbeck SA v White
1 of 20
Other questions in this quiz
2. What was the outcome of Conroy v Scottish FA?
Court held that C was self-employed as the employer had no control over when the ref would work.
Court held C was a worker not an employee as there was no mutuality of obligation but there was still a level of control from the employer
Court held C was an employee as there was control, there was personal service and there was mutuality of oblgiation
3. What is the common law response to casual workers who have gaps in their employment?
Umbrella or Global contracts
Standard employment contract
S212(1) ERA - any week during the whole part of which any employee's relations with the employer are governed by a contract of employment will count towards continuous employment
4. What is meant by the employer justifying the unfavourable treatment?
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
The individual must prove that the employer had to treat both full time workers and part time workers unfavourably for it to be fair
Comments
No comments have yet been made