Describe the nature of the employment relationship - employment status and the law applicable to contracts of employment. 


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• In relation to the essay question, it is expected that you will discuss (i.e. present a coherent argument) with reference to relevant case law and other relevant material (including articles, textbooks etc).
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• References to cases or articles should be cited in full.
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Sample Answer

Law in the Workplace: Understanding the Employment Relationship and Legal Rights

Introduction

The employment relationship forms the foundation of workplace law in the UK. It defines the rights and responsibilities between employers and employees. This essay will explain what it means to be an employee or a worker, and the legal implications of employment status. It will also explore legal rights related to discrimination, unfair dismissal, and employment contracts. Relevant case law and legislation will be used throughout. Finally, the essay will show how legal arguments can be built and structured based on common problem scenarios in the workplace.

1. Nature of the Employment Relationship

Employment Status

Understanding the difference between an employee, a worker, and a self-employed person is vital. The legal rights a person receives depend on their employment status.

• An employee works under a contract of employment and has full legal protection under the Employment Rights Act 1996.

• A worker has fewer rights but is still entitled to basic protections like the national minimum wage and holiday pay.

• A self-employed person runs their own business and does not have employment law protection.

In Autoclenz Ltd v Belcher [2011] UKSC 41, the court looked beyond the contract wording and focused on the reality of the working arrangement. This case confirmed that courts may determine status based on actual working conditions, not just written terms.

Contracts of Employment

A contract of employment must be provided within two months of starting work (Section 1 ERA 1996). It must include essential details like pay, working hours, and job role. Implied terms, such as mutual trust and confidence, are also part of every employment contract.

2. Employment Rights and Legal Protection

Common Law Rights

These rights come from judge-made law and include the duty of care from employer to employee. For example, in Wilson v Racher [1974], an employer was found to have wrongfully dismissed an employee due to a breach of mutual trust.

Statutory Rights

Statutory rights include:

• Right to national minimum wage.

• Protection against unfair dismissal (after two years’ service).

• Right to a written statement of employment terms.

• Paid holiday and rest breaks (Working Time Regulations 1998).

Discrimination Law

Discrimination laws aim to protect people from being treated unfairly due to certain protected characteristics. These are set out in the Equality Act 2010 and include:

• Gender: As seen in Smith v Safeway plc [1996], where unequal dress codes were challenged.

• Sexual Orientation: Protected under Section 12.

• Race: Includes colour, nationality, and ethnic origin (e.g., Mandla v Dowell Lee [1983]).

• Disability: Employers must make reasonable adjustments (e.g., Archibald v Fife Council [2004] UKHL 32).

Dismissal and Unfair Dismissal

A dismissal is unfair if the employer fails to follow a fair procedure or lacks a valid reason. Under Section 98 of the Employment Rights Act 1996, reasons include capability, conduct, redundancy, or breach of statutory duty.

In Polkey v AE Dayton Services Ltd [1987], even a fair reason does not excuse skipping fair procedures.

Continued...