Law in a Business Context Essays - Economy, Law, Business

Law in a Business Context Employment law research Marek Pongo | @00388578 Table of Content 1.0 Introduction P.2 2.0 Employee Status P.2 3.0 Three Employee Tests P.3/4 4.0 Test selection in Courts P.4/5 5.0 Conclusion . P.5 6.0 Reference List . P.5 1.0 Introduction In this report, I will evaluate and define what is employee status test with a detailed case laws that abstract the term of an "employee status test". Secondly there will be explanation of the three-employee status test that are currently presented on courts and also defined with academic reference/case laws. And lastly regarding the three tests I will analyze which test is currently being followed by the courts, again with supported case law example. 2.0 Employee Status When it comes to employment and and the status, firstly we need to define what is an employment and how does it work. Employment connects with the contract where agreement is created, forming basis of a relationship employment. Enforceable by the law, contract can be express in oral or in writing method: (Employment Rights Act 1996 s 230(2) and originate immediately. From written contracts, it requires employee's signature and the signature of an organization representative. As Ewan Macintyre (2014) stated "People employed under a contract of employment, or a contract of service' as such a contract is commonly known, are employees" Example above, written by Ewan Macintyre and published in 2014. The phrase "People employed under a contract of employment, or a contract of service' as such a contract is commonly known, are employees" appears on page 590 of the book written in reference list. Those who provides services on under a contract of employment are classed as an independent contractor. (Ewan, 2014) Employees and independent contractor distinct from several reasons. First, terms that applied to contracts of employment are not implied into independent contractors. Then employers can be critically liable for offences that's committed by employees during the process of employment. However, offences of independent contractors are not generally liable. Lastly majority of employees consult on their protection rights only upon employees. (Ewan, 2014) 3.0 Three employee tests To define and distinct employee's identity and rights, the courts has developed for both employees and independent contractors three main tests, over the past years. The first test is the Control Test, second is "Integration test and last one is Economic Reality test. (Ewan, 2014) Control Test This test assumes and conduct, that employees are in the position of being told not to do it and how to do it, in other words from Ewan's Book, (2014) "held that employees could not only be told what to do but they could also be told how to do it". However independent contractors were in the position to be told for achievement's purposes. But it was on contractor's power on whatever method to fit on these purposes. The test has not work well, specifically on skilled employees, so further tests has been made. This example was written and defined by Ewan Macintyre, published in 2014. The phrase "held that employees could not only be told what to do but they could also be told how to do it" is available at page 590 in the book written in reference list. Integration Test Stevenson Jordan and Harrison Ltd v Macdonald and Evans (1952) 1 TLR 101 Denning LJ has evolved an integration test, where on under a contract of service (contract of employment) a person that is employed as a part of the business progress and his working process is completed, on the integral level of the business. But under a contract of services, a contract made by the independent contractor. The work, that has been for the business is not integrated into it, but classed as an accessory. The test has worked better than the previous test, because certain skilled employees like surgeons acts in the control when it comes to operate the patients, surgeons has their own power of control therefore the test has been flexible and procedures has been followed. LJ (1952) clearly stated that "employees were part and parcel of the organization' whereas independent contractors were not" (Ewan, 2014) Citate above is written by Ewan and LJ, published in 2014. Phrase above "employees were part and parcel of the organization' whereas independent contractors were not" can