The integration test Cassidy v Ministry of Health

1951
However, an employee is not entitled to redundanc
y pay if they unreasonably
refuse an offer of fresh employment (made before t
he old contract expires)
to start within four weeks on the same or suitable t
erms. The employee must
be allowed at least a fourweek trial period in the n
ew job.
Maternity leave and pay
2 Types of working relationships
1: Employee (contract of service)
2: Self Employee (contract for services)
*employee is someone who is employed under a
contract of service
* independent contractor who works under a contract
for services
*to decid worker is employee or employer Primarily,
the court will look at the reality of the situation.
.who paid wages, who direct the work
*Where there is some doubtas to the nature of the
relationship the courts will then look at any
agreement between the parties.

3 Type of tests
1.The control test
control by their employer
as to how, where and when they do their work
.
whether the employer has controlover the way in which
the employee performs
their duties.

Mersey Docks & Harbour Board v Coggins &

Griffiths
*Stevedores (dockworkers) hired a crane with its driver
*only be treated as employers of the driver if they could
control in detail how he did his work
Walker v Crystal Palace Football club
Footballer is employee as he is directed when to train
and when to play
2.The integration test
*whether the employee is so skilled that they cannot be
controlled in the performance of their duties

*hw much org depend upon him

*Wt exntend worker integrated into business
Cassidy v Ministry of Health 1951
3 the multiple economic reality test
* Bear the risk of loss and chance of profit
Courts also consider whether the employee was
working on their own account and require numerous
factors to be taken into account.
Who bears the risk of loss and chance of profit
control
provision of equipment
helpers
risk
sound management
There is agreement

Purpose of distinguish between employees and

self employed
Deduction and rates of taxation
Entitlement to sick / holiday pay

Rights upon dismissal

Liability for negligence
Provision of equipment.

A contract of employment will consist of:

express terms
terms implied by the courts
terms implied by statute

1: express terms
Express terms are those agreed by the parties themsel
ves
The Employment Rights Act 1996 requires an emplo
yer to provide an employee with a written
statement within two months of the commencement o
f employment

This must include

business s name
employee s name

description of work and start date

Amount of pay and payment type
Hours of work
Holiday entitlement
Working location and relocating location
also contain information about:
Time of job
End date of job
Notic period time
Pension
2:Terms implied by the courts
The duty of the employer to give, and the employee to
obey, lawful
instructions
the duty to perform the work in a reasonable manner
Duty to exercise reasonable care and skill
airline pilots,
where a single act of negligence in performing
essential duties may warrant
dismissal

Duty of good faith a duty to give honest and faithful

service
employee cannot use the employer
s property as his own

a duty not to do spare time work which competes with

that of his
employer and may cause his employer damage.
must not disclose trade secrets
An employee may always use skills he has learnt in his
employment.
Duty to render personal service
Duties of the employer
reasonable remuneration
Duty to indemnify the employee compensate
(someone) for harm or loss.
Duty to provide a safe system of work
Duty to give reasonable notice of termination of
employment
Duty of mutual cooperation
Provision of work
There is no duty to provide a reference but, if one is p
rovided, it must be truthful

Duties of the employee

*trade secrets
* duty of faithful service
* Obedience to the employer's instructions
* Duty to account for all money and property
* Reasonable care and skill
* Personal service may not delegate their duties

Statutory duties
*basic matters covered by the common law
employer has statutory dutiesin the
following areas

I.
II.
III.
IV.

Pay and equality

Time off work
Maternity rights
Health and safety

V. Working time

Pay and equality

two key pieces of legislations
i:Equal Pay Act 1970
* The Act covers terms such as sick pay,
holiday pay and working hours, and it
applies to all forms of full-time and parttime work

ii:National Minimum Wage Act 1998.

* Imposes minimum levels of pay.
* the rate is reviewed annually

iii: Equality Act 2010

*ensure equal treatment in employment
outlaw direct discrimination , harassment
victimisation and disability-related
discrimination at work.

Time off work

*Working Time Regulations 1998

* average working time in a 17 week
i:average of 48hrs a week ii: right to four
weeks' paid leave a year iii: one day off
each week
*Trade union officialsare entitled to
time off
* employee given notice of dismissal for
redundancymay

Maternity rights and the 'work-life

balance'
*A woman who is pregnant is given rights
under statute

time off work

ordinary maternity leave
additional maternity leave
maternity pay
return to work after maternity leave
a claim for unfair dismissal

Maternity leave and pay

employer for at least 26 weeks before the

15th week before the baby is due
statutory maternity pay. This is paid for 39
weeks during
her statutory maternity leave which is a
maximum of 52 weeks
Paternity leave and pay
*condition employer for at least 26 weeks
before the 15th week before the baby is due
* entitled to take either one week or two
consecutive weekspaid paternity leave.

Health and safety

* Health and Safety at Work Act 1974

Wrongful and unfair dismissal

Minimum notice periods
Notice by employer
notice is not expressly agreed then
the ERA 1996 imposes the following
1 month to2 years = 1 week
2-12 years 1 week per complete year

12 years = 12 weeks on ward

Notice by employee
An employee with at least four weeks
continuous employment must give his
employer at least one week
s notice of his terminating of the contract.
Wrongful dismissal
Wrongful dismissal occurs where the employer
terminates the contract:
without giving proper notice or
during its fixed term.
Dismissal without notice is known as summary dismissa
l.
Remedies
*wrongfully dismissed employee is a claim for
damagesbased on the loss of earnings

limitation period for such a claim is six years

bring a claim to the employment tribunal provided he doe
s so within three months of his dismissal
claim is for 25,000 or less
Redundancy pay

Redundancy pay is calculated in the same way as the bas

ic award for unfair
dismissal
Summary dismissal
employer dismisses the employee without notice
Unfair dismissal
def:employer willing to continue the employment
bt the employee resigns

Employment Rights Act 1996

1:->continuous employee for 2 years after 6th April 2012
-> before this date the qualifying period is one year
2:Serve grievance Notice on employer
3:Must prove he ws dimessed
4:Claim to employment tribunal within 3 month
5: Employer prove reason for dimissal/qualifying
employee
6: Tribunal satisfield dismissal ws fairly
Termination by notice
following rules apply

 period of notice given must not be less than the

statutory minimum
may be given without specific reason
Minimum period of notice
one month or more but less than 2 yrs = one week's
notice
two years or more= one week's notice for each year
--- on dismissal employee may demand written
statement -& employer have to given within 14 days

*Trade union officials are entitled to time off on full pay to carry out trade union duties.
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