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1 – 10 of over 37000The issue of employment status lies at the heart of much conflict in the gig economy, with many gig economy workers effectively excluded from statutory employment protection…
Abstract
The issue of employment status lies at the heart of much conflict in the gig economy, with many gig economy workers effectively excluded from statutory employment protection because of it. Establishing employment status continues to be the gateway to accessing most UK statutory employment rights, a fact which makes the exclusion of casual workers from much statutory protection seem arbitrary and unjust. Employment status has been historically determined by common law conceptions of the contract of employment. This creates particular difficulties for casual workers, who have typically had to prove a requirement to perform personal service and to show that the contract was based on mutual obligations in order to be recognised as employees. The advent of the gig economy has seen the concept of employment status evolve as courts and legislators have struggled to adapt to a more flexible labour market. Likewise, gig economy employers have gone to considerable lengths to try to circumvent the legal protections available to their workers. This chapter will examine the evolving role of common law doctrine in defining employment status and the emergence of the category of ‘worker’ as an definition of employment status for those who work in the gig economy. It will analyse prominent cases involving gig economy employers (such as Uber BV v Aslam) and explore how these cases have re-defined contractual doctrine. Finally, the chapter will analyse the Taylor Review (2017) and examine the viability of a conceptual uncoupling of statutory employment protection from contractual doctrine.
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In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…
Abstract
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.
Proposes to treat social law contracts by covering the two most important aspects of the contract of employment, and also the collective agreement. Covers the contract of…
Abstract
Proposes to treat social law contracts by covering the two most important aspects of the contract of employment, and also the collective agreement. Covers the contract of employment in full with all the integral laws explained as required, including its characteristics, written particulars, sources or regulations, with regard to employers, are also covered. Lengthy coverage of the collective agreement is also included, showing legal as well as moral (!) requirements, also included are cases in law that are covered in depth.
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The purpose of this monograph is to examine the various ways in which the contract of employment may be terminated at common law other than by the common law of wrongful dismissal…
Abstract
The purpose of this monograph is to examine the various ways in which the contract of employment may be terminated at common law other than by the common law of wrongful dismissal or statutory unfair dismissal and redundancy. Wrongful dismissal has already been discussed in another monograph and unfair dismissal and redundancy will feature in a subsequent one.
Patricia Leighton and Richard W. Painter
The recent House of Lords decision in Carmichael v. National Power plc decided that a casual/zero‐hours worker was self‐employed and thus excluded from most of the basic employment…
Abstract
The recent House of Lords decision in Carmichael v. National Power plc decided that a casual/zero‐hours worker was self‐employed and thus excluded from most of the basic employment statutory rights. The aims of this article are to note the incidence and characteristics of the casual workforce in the UK and EU; to explore the current legal framework applying to casual workers, including the decision and implications of Carmichael; to note recent and intended legal measures which have particular relevance for casual workers; to evaluate the likely effectiveness of those recent or proposed legal measures; and to consider possible alternative strategies to establish an appropriate framework for casuals.
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The original legislation which introduced the redundancy payments scheme was the Redundancy Payments Act 1965. This was the first of the substantive statutory individual employment…
Abstract
The original legislation which introduced the redundancy payments scheme was the Redundancy Payments Act 1965. This was the first of the substantive statutory individual employment rights given to an employee; other individual employment rights, as for example, the right not to be unfairly dismissed, followed some years later. The Redundancy Payments Act 1965 has been repealed and the provisions on redundancy are now to be found in the Employment Protection (Consolidation) Act 1978.
An Act to amend the law relating to employers and workers and to organisations of employers and organisations of workers; to provide for the establishment of a National Industrial…
Abstract
An Act to amend the law relating to employers and workers and to organisations of employers and organisations of workers; to provide for the establishment of a National Industrial Relations Court and for extending the jurisdiction of industrial tribunals; to provide for the appointment of a Chief Registrar of Trade Unions and Employers' Associations, and of assistant registrars, and for establishing a Commission on Industrial Relations as a statutory body; and for purposes connected with those matters. [5th August 1971]
In an article entitled “Collective Bargaining — a theoretical analysis” A. Flanders defined collective bargaining as an “…institution for the joint regulation of labour management…
Abstract
In an article entitled “Collective Bargaining — a theoretical analysis” A. Flanders defined collective bargaining as an “…institution for the joint regulation of labour management and labour markets.” The collective agreement, the result of the collective bargain, is normally an uninforceable contract and is a very different legal notion from that of the contract of employment. The function of the collective agreement is to regulate relations between the collective parties, that is between the employer's association or an individual employer, and a union or unions. Such relations are known as relations of a collective nature. They could include procedure agreements between the collective parties in relation to no‐strikes or other industrial action before the disputes procedure has been exhausted; matters to do with the structure of negotiations between the parties; the constitution of the bodies set up for collective bargaining purposes; procedures on re‐ negotiation of the collective agreement; and so on. The collective agreement has however another function, the individual function, which regulates relations between employer and employee. Terms and conditions of employment are usually regulated by the collective agreement. Thus pay scales, hours of work, holidays, wages during illness, overtime work, any matters relating to training, re‐training, apprenticeship, are some from among the numerous subjects to be found in conditions of employment. Procedures which relate to the individual employee, such as grievance and disciplinary procedures, may equally feature as part of the terms and conditions of employment which emanate from the collective agreement. Indeed statute requires that the employer gives his employee particulars of this latter's major terms and conditions of employment.
Investigates the Polish Labour Code and how it has been updated to modern standards similar to those int he rest of Europe. States the Polish Labour code doctrine is for…
Abstract
Investigates the Polish Labour Code and how it has been updated to modern standards similar to those int he rest of Europe. States the Polish Labour code doctrine is for maintaining the multiplicity of employment contracts, defined by the Labour Code in corresponding to various needs and interests of both employers and employees. Sets out four main conclusions in depth, which cover labour relations contracts in full and how they are perceived to affect the workers and bosses.
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Michael Clinton, Claudia Bernhard‐Oettel, Thomas Rigotti and Jeroen de Jong
The purpose of this paper is to explore an expanded temporal context of non‐permanent work through an examination of the influence of previous experience of temporary working…
Abstract
Purpose
The purpose of this paper is to explore an expanded temporal context of non‐permanent work through an examination of the influence of previous experience of temporary working, contract duration and time remaining on contract and expectations of continued employment on reports of job insecurity, job satisfaction, in‐role performance and organisational commitment.
Design/methodology/approach
Hypotheses were tested using responses of 1,169 temporary workers from a multi‐national, cross‐sectional questionnaire study.
Findings
Hierarchical regression analyses indicated that having previous experience of temporary work was associated with higher in‐role performance. No significant effects were found for contract duration, but shorter time remaining on present contract was associated with greater job insecurity and also greater in‐role performance. However the strongest effects were found for expectations of continued employment, with stronger expectations being linked to more positive reports of each outcome. A number of moderation effects were found that indicated interactions between temporal variables and revealed a moderating role of preference for temporary work.
Originality/value
The paper is one of the first to formally consider the influence of a broader temporal context on attitudes and behaviours of temporary workers. Significant associations were found between elements relating to each of the past, present and future and important individual and organisational variables in the present. These effects were sustained above and beyond the influence of variables such as country, sector, preferences, skill level, contract type, and demographics that are known to affect temporary workers' attitudes and behaviours.
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