Employment Law
Answer Question 1 and 2.
Question 1 compulsory (80 Marks):
““The range of statutory employment rights that a person enjoys depends on their employment status. There are currently, basically three types: employee, worker and self-employed. While basic definitions of ‘employee’ and ‘worker’ are contained in legislation, detailed tests are set in case law. Many recent cases have been concerned with whether people working in the ‘gig economy’ are workers or self- employed” UK Parliament
Discuss critically within the context of employment law, consider the rights enjoyed by employees in view of their employment status and examine the situation of those working in the ‘gig economy’ in the UK. Support your answer where necessary with relevant academic authorities, case laws, legislation, and opinions of jurists. 3000 words
Question 2 (20 Marks):
Mr McConnell and his colleague, Mr Richmond, were employed as Jewellery salesmen and paid on a salary plus commission basis. In 1994 the employer decided to alter the approach and methods employed to sell the company’s products. The initiative did not succeed, and the commission earned by the two men dropped substantially. Soon after the changes were made, the men raised a complaint with their manager, but he said that nothing could be done immediately. Some weeks later they again complained but nothing was done. Finally, they tried to take the matter up with the company chairman, Mr Goold, but were not given an appointment to meet with him. They thus resigned and claimed constructive dismissal. They won their case.