EMPLOYMENT LAW

Employment Law

Employment Law

Introduction

This paper intends to critically evaluate the current law on employment status. Moreover, the basic reasons behind the fact that cases which include a determination on the issue of employment status continue to come before the Employment Tribunal will also be discussed. The employment status remains one of the most debated topics within United Kingdom. United Kingdom is considered to have one of the least regulated labour markets amongst the significant developed countries like United States and Canada.

However, the United Kingdom is not complacent enough to recognize that the perception among employers especially employers of small companies is significantly impacted by the frequency of change over the past few years. The employment law tends to create positive legal relationships between employees, employers and trade unions. The United Kingdom is explicitly concerned about the protection of rights related to the employees. The purpose of this paper is to make the reader aware about the significance of current law on employment status within United Kingdom.

Discussion

Employment Status

The employment status basically refers to the concepts that whether individuals are employed or self employed. This attempts to create several differences in relation with Tax and National Insurance contributions on their earnings. Within the boundaries of United Kingdom, it remains extremely important for the individuals to realize their actual employment status in order to protect themselves from the hassle of giving away extra cash in tax or being prone to paying penalties later on. United Kingdom places huge emphasis on employers to determine the employment status of all the workers (Hugh, 2010 Pp. 200-215).

The employment status also differs with being full time, part time, and casual, permanent or temporary. It is important to realize that people cannot choose their employment status on their own. Employment status clearly depends upon the underlying facts and the contract relationship with the employer. The laws related to employment status within United Kingdom suggests that people can be employed and self employed simultaneously. Moreover, employment status tends to change from the terms and conditions specified within the employment contracts.

Employment Status and Commercial Relationships

The issue of employment status is one of the most important issues of United Kingdom. The common law of United Kingdom tends to govern the employment status; however, the jurisdiction of employment status is becoming extremely difficult to understand in recent years. The judgment in the case of James v. Greenwich Council of 2008 has changed the landscape of the clarification about the employment status. According to International Labour Organization, the employment law must not intervene in commercial relationships (Linda & Alan, 2006 Pp. 75-90).

United Kingdom appreciated this recommendation of International Labour Organization and developed significant approaches to distinguish between employment and commercial relationships. The United Kingdom now distinguishes between employment and commercial relationship. The biggest policy demand of the employment status law is clarified. The House of Commons and House of Lords; both have debated in this regard immensely. The aspect of disguised employment is also important in the context of United ...