ECONOMICS: CHALLENGES AND PERSPECTIVES OF LOW INTEREST RATES
Question One
Under Employment Rights Act 1996 every working person is entitled to a certain minimum charter of rights in their place of work[1]. However, the law draws a divide between those people who are free to contract (self-employed people) and other employees whose employers are held responsible for complying with the laws of labor. The UK statutes and laws use different terms to accord different rights, including, jobholder, worker, someone with employment relation, and employee. An employee is given all the rights including the right to a paid holiday, fair treatment, and a written contract. Section 230(1) of the UK Employment Rights Act 1996, an employee is considered as the person that works under the employment contract, carries out work personally, there is mutual obligation between the party and the employer has the control over the work done[2].
Raymond delivers and install’s printers on behalf of Cartridge Heaven Ltd, and is given equal payment with other employees. To this extent, he functions as a self-employed person under the UK law. There is no mention of the working contract, between the Cartridge Heaven Ltd and Raymond. In Hewlett Packard Ltd v O’Murphy [2002], EAT (Employment Appeal Tribunal) considered an IT specialist as a self-employed person, even though he had a mutual working relationship with the employer. In the case, the IT specialist’s company contracted a third party to find him a job[3]. The tribunal found that there was no working contract between him and the third party, and as such, he was considered not be their employee and thus not entitled to the right as an employee. As such, there have to be an expressed or implied work contract between Raymond and Cartridge Heaven Ltd for him to be entitled to holiday payment like other employees.
However, in the recent years, UK courts have
[1] Benny, Richard, Michael Jefferson, and Malcolm Sargeant. Employment Law: 2014 and 2015. Oxford University Press, USA, 2014.
[2] Ibid
[3] Smith, I. T., and Aaron Baker. Smith & Wood’s employment law. Oxford New York: Oxford University Press, 2015.
Bibliography
Benny, Richard, Michael Jefferson, and Malcolm Sargeant. Employment Law: 2014 and 2015. Oxford University Press, USA, 2014.
Elliott, Catherine. Contract Law 10th edn. City: Pearson Education Limited, 2015.
Harris, Phil. An introduction to law. Cambridge University Press, 2015.
itchen, Kathrin, and Tracey Hough. Optimize contract law. New York: Routledge, 2014.
Ormerod, David, and Karl Laird. Smith and Hogan’s Text, Cases, and Materials on Criminal Law. Oxford University Press, USA, 2014.
Sargeant, Malcolm, and David Lewis. Employment law. Harlow: Financial Times Prentice Hall, 2014.
Smith, I. T., and Aaron Baker. Smith & Wood’s employment law. Oxford New York: Oxford University Press, 2015.
Whish, Richard, and David Bailey. Competition law. Oxford University Press, USA, 2015.
