Labour Law Essay Example | Topics and Well Written Essays - 1500 words

Labour Law - Essay ExampleIt is submitted at the outset that the issue stiff contentious particularly in light of the continuous changes in working practices.From a statutory perspective, the licit definition of employee is described under Section 230(1) of the Employment Rights Act 1996 (ERA) as an individual who has entered into or work under..a contract of conflict. The section 230 definition has been criticised for being ambiguous (Honeyball & Bowers. 2006) and it is necessary to refer to the universal law test for defining the status of employee. The statutory provision is bolstered by the Ready Mixed cover test (Ready Mixed Concrete (South East) Ltd v Minister of Pensions & National Insurance 1968 2 QB 497), which requires an examination of the overall picture (Jupp, 2005)The starting point for determining whether an individual is an employee is the control test (Honeyball & Bowers. 2006). This was established in Yewens v Noakes (1880 6 Q.B.D. 530), where Bramwell LJ ass erted thata servant is a person subject to the com patchd of his master as to the manner in which he shall do his work (at pp.532-533). However, socio-economic developments in the labour market have changed the stamp of employment status, thereby undermining the suitability of the control test as a sole determinant of employment status (Pitt, G. 2007).This was further acknowledged by the Court of Appeal in Walker v quartz glass Palace FC (1910 1 KB 87), where the control test was given a different slant by focusing on whether the employer had the right to control the background arrangements for the work such as when and where the work was done, payments and spend entitlements.However, the Walker extension of the control test was further developed into the integration test as propounded by Lord Denning in the case of Stevenson Jordan and Harrison v MacDonald & Evans (1952 1 TLR 101) under a contract of service, a man is employed as part of the