EMPLOYMENT LAW Essay Example | Topics and Well Written Essays - 2000 words - 4

function LAW - Essay ExampleFor example, the legal situation of a worker as an independent asserter or employee is fundamental in determining the rights of a worker, particularly in light of the increasingly employee centrical protective legislative framework.The focus of this paper is to critically evaluate the approach of the judiciary to employee status and in particular to consider the advantages and disadvantages of each test. The conventional approach has been to implement checklist tests to distinguish between independent contractor and employee and it is submitted at the outset that the issue remains contentious particularly in light of the continuous changes in working practices. To this end, it is submitted as a central proposition in this paper that whilst the traditional test of employee status was logical in distinguishing between employee and self-employed the changing nature of contemporary work arrangements have direct to inconsistency in tribunal determinations distinguishing between employee and self employed status.In turn, the central disadvantage of the juridical approach to employee status is that whilst attempting to frame the test as definitive legal principles the results have sometimes fuelled distrust (Pitt 2007). This is further supported by the earlier empirical study of Burchell et al on Employee Status of Individuals in Non-standard Employment (1999), which asserted that there is concern that the existing classifications fail to reflect the growth of certain conciliatory or non-standard forms of involvement, in particular causal work, zero hour contracts, fixed terms and task employment and freelancing (Burchell et al, 1999, p.5).From a statutory perspective, the legal definition of employee is described under Section 230(1) of the Employment Rights Act 1996 (ERA) as an individual who has entered into or works under..a contract of employment. The section 230 definition has been criticised for being