A man is a qualified plumber, working with his friend Gary two days each week. The rest of the week he is at college, where he is learning Japanese. He hopes to go and live in Japan next year. When he needed time off to sit his exams last summer, he gave Gary advance notice that he wouldn't be able...
A man is a qualified plumber, working with his friend Gary two days each week. The rest
of the week he is at college, where he is learning Japanese. He hopes to go and live in
Japan next year. When he needed time off to sit his exams last summer, he gave Gary
advance notice that he wouldn't be able to come to work.
Gary is listed in the phone book under the name 'QuickPlumb'. When he works with
Gary, the man is expected to wear a QuickPlumb t-shirt. Gary calls him every evening
before his shift to tell him where they will be working the next day. Gary pays him in
cash at the end of the week.
Which of the following statement(s) are correct. correct answers The man's
employment status is likely to be that of a worker or an employee.
The man would have been entitled to take time off for his exams as paid annual leave.
Based on the facts provided, the man is likely to be a worker and may even be an
employee. The three factors which make up the irreducible minimum for determining
employee status are arguably present (Ready Mixed Concrete):
Personal service - It would appear that he has contracted personally to do the work for
Gary, as Gary calls him before every shift to tell him where to go. We have not been told
that he is able to substitute anyone else in his place. Indeed, when he couldn't work, he
notified Gary in advance. We are not told that he arranged for anyone else to fill in for
him.
Mutualilty of obligation - The facts state that the work provided by Gary is regular,
suggesting there is an expectation that it will be offered. The fact that he gave advance
notice of his absence suggests that there is an expectation he will usually accept work
that is offered and is expected to turn up.
Control - The facts suggest that Gary has some control over his work. Gary dictates
where he works and he is required to wear a company uniform.
Even if the high threshold for establishing employee status was not met here, it seems
likely that he would at least be a worker. There is nothing to suggest that Gary is his
customer or client and so he is unlikely to be self-employed. The man will not be
working under a contract for services, as a person who works under a contract for
services gives their services as an independent contractor and is self-employed.
Employees work under a contract of service.
There is no reason why the man cannot be a worker or employee as well as being a
student.
If the man is a worker or an employee he will be entitled to paid annual leave under the
Wo
Which employment rights only apply to individuals with employee status? correct
answers Statutory redundancy payment
, Entitlement to claim unfair dismissal
Right to statutory maternity pay
Statutory minimum notice period
A woman works in a care home. She frequently works overtime. Which one of the
following statements is incorrect? correct answers It is incorrect to say that the woman
can work for seven days per week - under the Working Time Regulations she is entitled
to a 24 hours rest period in each 7-week period (reg 11)
Time spent "on call" at home and travelling to work would not count as working time in
this context.
Workers are entitled to a break of at least 20 minutes after six hours of work.
As she regularly works overtime, she should be able to claim a sum in respect of
unworked overtime whilst on annual leave (Bear Scotland)
A woman has worked for her employer for two years and eight months. She has just
been made redundant.
True or false. She has a statutory entitlement to three weeks' notice. correct answers
This statement is false.
Under section 86(1) of the Employment Rights Act 1996, an employee who has been
employed for more than two years is entitled to one week's notice for each complete
year of service. The woman only been employed for two complete years and so is only
entitled to two weeks' notice.
Alex is the Sales Director for the national supermarket chain, BigShop. She is about to
hand in her notice to go and work for another national supermarket chain, SuperShop,
as their Sales Director. SuperShop has offered her a lot more money and her working
hours will be better. Alex's contract of employment with BigShop contains two restrictive
covenants. The first provides that Alex cannot take any of BigShop's employees with
her to work for another national supermarket for a period of six months after her
employment with BigShop comes to an end. The second clause provides that Alex may
not deal with any of BigShop's customers or suppliers for a period of two years after her
employment with BigShop comes to an end.
Which of the following statements are correct? correct answers A.) The restrictive
covenants contained in Alex's contract of employment with BigShop are commonly
referred to as 'non-poaching' and 'non-dealing' clauses.
B.) BigShop may struggle to enforce the second restrictive covenant against Alex, as
the Court might find that the duration of the covenant is longer than is necessary to
protect BigShop's legitimate business interests and is therefore an unlawful restraint of
trade.
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