1.3 Explain Employment Status And The Legal Tests Used To Establish To Whom Different Employment Rights Apply.
In the UK, there are three main types of employment status: employee, worker, and selfemployed. The legal tests to determine which employment rights apply vary based on these statuses.
- Employee
Rights: Employees have the most extensive range of employment rights, including the right to fair pay, protection against unfair dismissal, and paid holiday.
Criteria: To be classified as an employee, an individual must have a contract of employment with their employer. This contract can be written, oral, or implied.
- Worker
Rights: Workers have fewer rights than employees but are still entitled to certain protections, such as the right to the minimum wage and protection against unfair treatment based on race, sex, disability, or religion.
Criteria: A worker must have a contract with their employer to perform work. This contract doesn’t need to be in writing and can be implied from the circumstances.
- SelfEmployed
Rights: Selfemployed individuals do not have the same rights as employees or workers but are protected against discrimination under the Equality Act 2010.
To be classified as selfemployed, an individual must operate their own business and have control over their work.
1.4 Critically Evaluate The Principles Of The Law In The Fields Of Precedent, Vicarious Liability And Continuity Of Employment.
In the UK, there are three main types of employment status: employee, worker, and selfemployed. The legal tests to determine which employment rights apply vary based on these statuses.
- Employee
Employees have the most extensive range of employment rights, including the right to fair pay, protection against unfair dismissal, and paid holiday.
To be classified as an employee, an individual must have a contract of employment with their employer. This contract can be written, oral, or implied.
- Worker
Workers have fewer rights than employees but are still entitled to certain protections, such as the right to the minimum wage and protection against unfair treatment based on race, sex, disability, or religion.
A worker must have a contract with their employer to perform work. This contract doesn’t need to be in writing and can be implied from the circumstances.
- SelfEmployed
Selfemployed individuals do not have the same rights as employees or workers but are protected against discrimination under the Equality Act 2010.
To be classified as selfemployed, an individual must operate their own business and have control over their work.
