This is an extract of our Employment Status document, which we sell as part of our Employment Law Notes collection written by the top tier of University Of Law students.
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LPC EMPLOYMENT LAW AND PRACTICE
REVISION NOTES - Employment Status /Employment Contract
- ELECTIVE 2016 -
Employment status Employee = S230(1) ERA 1996 - an individual who ... works under ... a contract of employment How do we assess employee status?
a) b) c) d) e) f) g) h) i) j)
How is the individual paid?
Who pays tax and National Insurance?
Who provides the tools and equipment?
How integral to the business is the individual's role?
Is the individual paid for sickness and holiday?
Is the individual subject to the disciplinary and grievance policy?
Is the individual a member of a company pension scheme?
Where does the economic risk lie?
How did the parties view the relationship at the outset?
How was the arrangement terminable?
Employment contracts Section 230(2) - a contract of service ... whether express or implied, and (if it is express) whether oral or in writing Mutual obligations - employee to work and the employer to pay for that work Written contracts - must have clauses for: duration, qualifications, remuneration/illness/holidays, pensions, inventions/discovery, restrictive covenants
Express and implied terms Express terms S1 ERA 1996 - employers must give their employees a written statement of the main terms of their contract within 2 months of commencing. Must contain:Parties; Commencement date; Salary and pay day/frequency; Hours; Terms relating to (i) holidays/holiday pay; (ii) sickness/sick pay; (iii) pensions; Notice period (and/or fixed term expiry); Job title and/or job description; Place/s of work; Provisions for working outside UK; Disciplinary/dismissal rules/grievance procedures;
A statement of terms and conditions is not a contract, but instead confirms the main express terms of the employment contract - not definitive of entire contract, but it does provide an evidential basis of the most important terms.
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