The current legal position relating for those employed under a zero hour contract has been of great debate in recent years and has recently been reformed by section 153 of the Small Business, Enterprise and Employment Act 2015. It was brought into force on 26th of May and it amends the Employment Rights Act 1996 (ERA 1996) by inserting a new section 27A. It bans the use of exclusivity clauses and also proves a statutory definition of a zero hour contract. The definition of zero hour contracts and the implications of the banning of exclusivity clauses will be explored in determining whether it helps establish employment status.
A zero hour contract means “a contract of employment or other worker’s contract under which the undertaking to do
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However, through the cases of Consistent Group Ltd v Kalwak [2007] and Pulse Healthcare v Carewatch Care Services Ltd (2012) , the claimants were found to be employees. The briefing the parliamentary discussions states that “the implication is that where a worker is employed on a zero hour contract and provided with regular work which is regularly accepted there exists a possibility that the contract will be one of employment”. However, it is important to note that following the case of O’Kelly, it is not always the case and other matters will have to be considered. Section 27 (3) of the ERA does recognise the need for mutuality of obligation to establish employment status as exclusivity is considered one of the many factors that a tribunal will take into account when considering mutuality. This therefore illustrates that there is an attempt to recognise the difficulties presented, in terms of being able to establish employment status but it is not able to reach the core element of the problems involved.
Certainly there is no shortage of disagreement within the fact that, this is a significant step towards tackling the perceived abuse of such contracts by employers, particularly for low-paid workers. These new provisions have also included an extension of the ban to low-income contracts and a new route for workers to bring tribunal claims if they suffer a detriment due to taking jobs under other contracts . Zero hour contracts suits many individuals, who like the flexibility to work when appropriate for them. However, there are still many downfalls to this type of
Ferguson, J. (1997), Casual Employment Contracts: Continuing Confusion when Protection and Free Market Clash, New Zealand Journal of Industrial Relations, 22(1): 123-142
Bibliography Sloane, A. (2010). The 'Standard' of the 'Standard'. Labor relations. 13th ed. of the book.
[12] CURRAN, Simon, ‘When is a duck not a duck? The employee/independent contractor dichotomy’, Bulletin (Law Society of S.A) 26 (9) October 200etin (Law Society of S.A) 26 (9) October 2004: 23-26
Restrictive covenants are common in many contracts (partnership, share holders, buyer-seller) including employment contracts. Prima facie, such rules are illegal and unenforceable unless the covenantee (the side who gains from the restriction) can invoke the restraint of trade doctrine which was introduced into law as a result of the famous House of Lords case of Nordenfelt v. Maxim Nordenfelt. To prove that the covenant is justified, the covenantee must show three things. That the covenant is necessary to protect a legitimate interest of the covenantee (it's not sufficient to avoid future competition with the covenantor). The restraint in the covenant must be reasonable as between the parties, and that the restraint is in the public interest.
The employment agency even has offices in the Shirebrook Headquarters; they manage the workers from day to day, including hiring and firing. As workers are employed under zero hour contracts, they are seen under law as a worker, not a temporary employee and so is assumed that the worker receives regular work and income. This means that they do not receive the same privileges, most importantly, they are not protected from unfair dismissal and don’t have to be given any notice. In the case of Sports Direct, more than 14,500 of their workers (over three quarters of their workforce) have no option but to live on zero hour contracts. One of these workers said “You work under the impression that you could lose your job from day to day” (Dispatches, 2015: 49:24mins). This is a problem because it leaves many employees working under a constant lack of job security and can be highly demotivating; why put maximum effort into working for a firm that could fire you
In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
What is censorship, and for that matter what can or cannot be censored in the American society? This question pops up in the heads of millions of Americans each day, and still most Americans do not know. Most Americans would be appalled to know that pornography is protected by freedom of speech and cannot be censored. Americans also must believe that racist comments and actions must not be protected because of one's right to express themselves, but it is.
This legislation applies only to those who have worked for an employer for more than a year. Therefore, Alfie has to prove that he has continuously been working for East End Global Technology for a period exceeding one year. In addition, his service to East End must have been terminated only through the dismissal. For Alfie’s claim to be valid, he has forward it...
Labour and Employment Law. Cincinnati, OH: South-Western Publishing Company.
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A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
It is important to know what an employer and employee are according to legislation as both have several rights. An employee is ‘. . . an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.’ An employer is "... in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed". This is crucial to whether or not an employer can stop an employee from working with others or themselves after and during employment as, without a contract the employee can leave their current job and work fo...
Long working hours continue to be one of the largest health concerns in the world. Currently, the world population has become so busy due to the pressure from harsh economic conditions. People are therefore spending long working hours in the workplace, which is an aspect that has negative impact on their health conditions. Statistics from Working Condition Survey indicates that approximately 30% of workers residing in European Union believe that their health is at risk due to the hours they spent in the workplace (Gurung, 2010:16)
Nowadays, the numbers of students who are always looking for a part time job while they are attending college is increasing every day. According to an article was published in 1998 on The Futurist, the number of students who have a part-time job increased from 5% of students in the 1950s to almost 70% of the students in some communities (“Jobs hurt school performance” n. page). Because of a bunch of fee and cost that students have to handle, working during college seems to be a necessity than an option. The part-time jobs provide not only paychecks but also experience, skills for the students. It is very helpful for the students after they graduate college and look for a real job. Although there are some people who argue that having a job during
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