EMPLOYMENT STATUS

Employment status



Employment status

Introduction

The wider definition of employee as per anti discrimination law is that it is a person who is contracted at personal level to perform the given tasks. In an effort to assess employee's status as employee, that person should offer his or her services in person and he or she is not supposed to be used for purpose of substitution other than specialized cases. Employee and employer both should have mutual obligation; a person who works casually or comes to work only when desired cannot be given a status of employee. The employee is controlled by employer at all levels. Once the relationship between employee and employer are clear and the status of employee is clear, it becomes necessary to look into role of supplier of necessary tools and equipment to carry out the given work. However, the status of employee cannot be affected by the self employed business type. The definition of employee is defined in Article 3 of ERO that employee is a person who works by bounding him or her in a contract of employment and the contract of employment is referred to the contract of service. Therefore it is necessary to have a clear status as employee in a workplace to claim the unfair dismissal (Law Centre, 2010, pp.1).

Discussion

Types of employment status

The employment law of United Kingdom describes the employment status according to which the rights of every individual are decided and the respective responsibilities and duties of employee and employer towards each other (Gov.Uk, 2013, n.d.). There are five types of employment status at broad level, which are described as follow:

Worker

A person is given a status of worker when he or she is bound by a contract according to which he or she has to work or perform services in person for earning specific rewards. However, it is not mandatory that contract is present in written form. The main purpose of their work is to ear reward or some kind of benefits such as a commitment to get a work on permanent basis in future. In addition, the worker has restricted rights with respect to subcontracting. The worker has to come to work every day regardless of his or her will. The employer is also bound to work with them until the term of contract is expires. The worker is not supposed to represent his own company if there is any in case employer is a client or customer.

The worker may enjoy certain rights such as eligible for getting minimum wage rate as per legislation. They have got adequate level of safety against illegal presumption from income. They have right to enjoy all national and legal holidays. They can also take off from work for rest and breaks. The workers are also ordered not work for more tahn48 hours in a weak. However, they can omit this right on will. Workers also have gotten protection against whistle blowing. In addition, employers are also bound to not to treat workers inappropriately in ...