1. GCSE LAW: UNIT B143 EMPLOYMENT RIGHTS & RESPONSIBILITIES <br />EMPLOYMENT STATUS<br />WHAT ARE THE KEY DIFFERENCES IN STATUS? <br />Write your thoughts down ready for class discussion.<br />EMPLOYEDSELF-EMPLOYED<br />Read the guide to employment status PDF document in classwork (B143 folder) and explain what impact employment status has on the employer, the employee and the government. Make additions to your thoughts above from the features listed in the document. <br />WRITE YOUR NOTES HERE! <br />HOW DO WE TEST EMPLOYMENT STATUS?<br />If a dispute arises, all the circumstances of the case will be taken into account and the court will apply various tests: <br />Follow this link and make notes in the space below on the factors used to determine employment status:<br />http://www.hmrc.gov.uk/employment-status/index.htm<br />INSERT YOUR NOTES HERE!<br />The main tests are therefore:<br />TESTWHAT DOES THIS MEAN?ControlThis looks at the extent to which an employer decides on the tasks an employee has to do and how they are done. If you have to do the work yourself you are likely to be an employee, if you are told how to perform your dutues you are employee (but there are exceptions e.g. an expert surgeon). If you have to work set hours you are likely to be an employee although some flexibility may be possible. If you have the freedom to do work when and where you like you are likely to be self employed. If you can send (substitute) someone in your pleace you are more likely to be self-employed. IntegrationThis looks at the extent to which an employee is part of the organisation. If you are taken on to manage staff you are normally an integral part of the organisation and are likely to be an employee. If you are entitiled to benefits such as paid leave, canteen facilities and so on you are likely to be an employee. If you have access to grievance procedures and are subject to disciplinary procedures you are likely to be an employee. Mutuality of obligations This is the extent to which your employer is required to offer you work and whether you are expected to do it: If there is an obligation on you to do the work and on your employer to pay you for that work, you are likely to be an employee. Of your emploer has to provide you with work for the life of your contract during your agreed working hours, you are likely to be an employeeEconomic realityThis is the extent to which you bear the finanical risk: If you are provided witrh the equipment and materials you need, you are likely to be an employee. If you have to provide your own equipment and materials you are likely to be self employed. If you have to put unsatisfactory work right in your onn time for no extra payment you are likely to be self employed. If you take the risk of quoting a fixed price for a job and then bear the additional costs if the job overruns, you are likely to be self employed. <br />WRITTEN STATMENT OF PARTICULARS OF THE CONTRACT<br />Under the Employment Rights Act 1996 an employer must give an employee a ‘written statement of emplyment particuars’ within two months of starting work. This sets out the main terms of the employment contract and, if they change, the employer must issue a new statement within one month. <br />Basic particulars of employment must be provided in a single document (ERA 1996 s.2(4). <br />Here is what it must include: <br />names of employer and employee; <br />date when the employment began; <br />period for which your employmnet is expected to continue or, if it is for a fixed term, the date when it will end; <br />remuneration (rate of pay); <br />whether pay is weekly, monthly etc; <br />any terms re hours of work, holidays and holiday pay <br />NB* follow the link to the following case and summarise the facts of the case and what was decided<br />Lange v Georg Schünemann GmbH 2001 , ECJ Case C-350/99 on 8th February 2001<br />WRITE YOUR NOTES HERE! <br />Entitlement to sick leave and pay<br />job title or description of job; <br />place(s) of work; <br />details of pensions and pension schemes<br />Entitelment to notice of termination for both the employee and the employer<br />Details of disciplinary and grievance procedures<br />Details of overseas work <br />Are there any exceptions? <br />Follow the link below and list the exceptions to the rule that a written statement of particulars must be given within two months of starting the job. <br />http://www.emplaw.co.uk/lawguide<br />WRITE YOUR LIST HERE!<br />Now, have a go at completing one: <br />http://www.businesslink.gov.uk/bdotg/action/stmtEmpBusiness?r.l1=1073858787&r.l3=1075225309&topicId=1075225309&r.lc=en&r.l2=1074428798<br />