Employment law Essay Example | Topics and Well Written Essays - 1000 words - 3

Employment law - Essay ExampleThe focus of this analysis is to evaluate how far the law goes to strike an appropriate balance between legal certainty and notwithstanding decisions in context of the central legal areas of unfair dismissal, employee status and discrimination law.If we firstly consider employee status, sectionalisation 230 of the Employment Rights Act 1996 (ERA) defines an employee as an individual who has entered into or works under (or, where the oeuvre has ceased, worked under) a learn of employment. The section 230 definition has been criticised for being ambiguous1 and it is necessary to refer to the common law test for delimitate the status of an employee, which isnt without its limitations.The starting point for determining whether an individual is an employee is the obtain test2. This was established in the result if Yewens v Noakes3, where Bramwell LJ asserted that A servant is a person subject to the command of his master as to the manner in which he s hall do his work4. However, socio-economic developments in the labour market have changed the shape of employment status, thereby undermining the suitability of the control test as a sole determinant of employment status5.This was upgrade acknowledged by the Court of Appeal in the fictional character of Walker v Crystal rook FC6, where the control test was given a different slant by focusing on whether the employer had the chasten to control the background arrangements for the work such as when and where the work was do, payments and holiday 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 & Evans7 under a contract of service, a man is employed as part of the telephone circuit and his work is done as an integral part of the business whereas under a contract for services, his work, although done for