Employment Law Essay Example

Employment law. S230 (1) of the ERA an Ee as ‘an individual who has entered into work or works under a contract of employment.’ How the court decide: 1) they use control test-Yewens V Noakes [1880] ‘A servant is a person subject to the command of his master as to the manner in which he does his work.’ 2) Walker V Crystal Palace Football Club [1910] Emphasis changes- court looks at does the Er control the background arrangement; where and when work done; holiday arrangements. Held; footballer was employee. 3) Stevenson Jordan & Harrison V Macdonald & Evans [1952] Denning LJ posed- is their work integral; are they part of the business or an accessory to it. Are they part and parcel f the business? 4) Economic reality test, court look at the contract as a whole to decide whether the individual was in business on his own account. 5) Control, providing equipment, hiring helpers, financial risk, regular hours, method of payment. 6) Is there mutuality of obligation? Both the Ee and Er own each other duties. 7) Ready mixed concrete Ltd V MPNI [1969]Held: the drivers were not employees but independent contractors as they were operating at their own financial risk. They had freedom in the performance the ability to delegate to make them independent contractors. Mckenna J identified three conditions for a contract of service: 1) The Ee agrees that in return for a wage or other payment he will provide work and skill in performing a service for the Er. 2) The Ee agrees expressly or impliedly that in performance or impliedly that in performance of that service he will be subject to the Er’s control. 3) That the other provisions of the contract are consistent with it being a contract of employment. Ready mixed concrete Ltd V MPNI [1969] A contract of service exists if 3 conditions are fulfilled:1) The servant agrees that in consideration of a wage or other remuneration, he will provide his own work and skill in the performance of some service for his master. 2) He agrees