4. Alternative Personal Work Contracts and Relations

2020 ◽  
pp. 103-142
Author(s):  
David Cabrelli
Keyword(s):  
Legal Status ◽  
Intermediate Position ◽  
Employment Contract ◽  
Gig Economy ◽  
Contract Of Employment ◽  
The Uk ◽  
Employment Rights ◽  
Work Contracts

This chapter first examines the two statutory constructs occupying an intermediate position between the employment contract and contract for services that have been formulated by the UK Parliament as a repository for the conferral of certain statutory employment rights. These two statutorily recognized personal work contracts—the ‘worker’ contract and the ‘contract personally to do work’—are intermediate contract types, lying somewhere between the contract of employment and the contract for services. The discussion here is situated within the context of the controversy surrounding the growing numbers of atypical working contracts, such as contracts entered into by ‘gig economy’ workers, ‘zero-hours’ workers, casual workers, etc. The chapter then turns to address the legal status of agency workers. It examines whether the Agency Workers Regulations 2010 address the disadvantages experienced by this section of the UK workforce.

4. Alternative Personal Work Contracts and Relations

2018 ◽  
Author(s):  
David Cabrelli
Keyword(s):  
Legal Status ◽  
Intermediate Position ◽  
Employment Contract ◽  
Gig Economy ◽  
Contract Of Employment ◽  
The Uk ◽  
Employment Rights ◽  
Work Contracts

This chapter first examines the two statutory constructs occupying an intermediate position between the employment contract and contract for services that have been formulated by the UK Parliament as a repository for the conferral of certain statutory employment rights. These two statutorily recognized personal work contracts—the ‘worker’ contract and the ‘contract personally to do work’—are intermediate contract types, lying somewhere between the contract of employment and the contract for services. The discussion here is situated within the context of the controversy surrounding the growing numbers of atypical working contracts, such as contracts entered into by ‘gig economy’ workers, ‘zero-hours’ workers, casual workers, etc. The chapter then turns to address the legal status of agency workers. It examines whether the Agency Workers Regulations 2010 address the disadvantages experienced by this section of the UK workforce.

The employment contract and unfair contracts legislation

Legal Studies ◽  
2007 ◽  
Vol 27 (1) ◽  
pp. 95-109
Author(s):  
Douglas Brodie
Keyword(s):  
New South ◽  
New South Wales ◽  
Status Quo ◽  
Employment Contract ◽  
Contracting Out ◽  
South Wales ◽  
The Status ◽  
Contract Of Employment ◽  
Key Issues ◽  
The Uk

In 2005, the Law Commissions published a report reviewing unfair contracts legislation in the UK. Where the contract of employment was concerned, the Commissions were of the view that, in short, the status quo should remain. This paper seeks to appraise that position and considers whether an opportunity to bring forward beneficial reforms has been missed. The paper takes cognisance of the legislative scheme in New South Wales, which contains extensive powers where unfair contracts are concerned. It is suggested that, in the UK, the two key issues which need to be addressed are contracting-out and terms which may be substantively unfair.

scholarly journals The Analysis on Employment Rights of “Zero-Hours Contracts” Workers in the UK

2018 ◽  
Vol 5 (1) ◽  
pp. 16 ◽  
Author(s):  
Ke Xu
Keyword(s):  
Legal Status ◽  
Clear Distinction ◽  
Legal Rights ◽  
Care Services ◽  
Detailed Explanation ◽  
The Uk ◽  
Employment Legislation ◽  
Employment Rights

<em>In view of the fact that a large number of people in the UK are working with zero-hours contracts, this paper gives a further discussion on the legal status of these people. In order that more “zero-hours contracts”workers can enjoy their legal rights in the UK, the project is designed to examine to what extent the workers with zero-hours contracts have the rights based on employment legislation. Firstly, it offers a clear distinction between “typical” and “atypical” workers and concludes that “zero-hours contracts” work should fall into the latter category. And then it proposes that the key to identifying worker and employee lies in the mutuality obligation between employer and employee. By taking the dispute between Pulse Healthcare Ltd and Carewatch Care Services Ltd &amp; 6 others as a case study, it hopes to offer a detailed explanation on this question. At last, it comes up with the conclusion that the “zero-hours contracts” workers will be able to enjoy more rights after the legal status defining becomes more accurate.</em>

scholarly journals Migration infrastructures and the production of migrants’ irregularity in Japan and the United Kingdom

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Nando Sigona ◽  
Jotaro Kato ◽  
Irina Kuznetsova
Keyword(s):  
Legal Status ◽  
Qualitative Interviews ◽  
Legal Violence ◽  
The United Kingdom ◽  
The Social ◽  
Access And Quality ◽  
The Uk ◽  
The Impact

AbstractThe article examines the migration infrastructures and pathways through which migrants move into, through and out of irregular status in Japan and the UK and how these infrastructures uniquely shape their migrant experiences of irregularity at key stages of their migration projects.Our analysis brings together two bodies of migration scholarship, namely critical work on the social and legal production of illegality and the impact of legal violence on the lives of immigrants with precarious legal status, and on the role of migration infrastructures in shaping mobility pathways.Drawing upon in-depth qualitative interviews with irregular and precarious migrants in Japan and the UK collected over a ten-year period, this article develops a three-pronged analysis of the infrastructures of irregularity, focusing on infrastructures of entry, settlement and exit, casting a comparative light on the mechanisms that produce precarious and expendable migrant lives in relation to access to labour and labour conditions, access and quality of housing and law enforcement, and how migrants adapt, cope, resist or eventually are overpowered by them.

scholarly journals Niepełnosprawność i specjalne potrzeby edukacyjne w świetle polskiej i brytyjskiej poprawności politycznej

Neofilolog ◽  
1970 ◽  
pp. 29-40
Author(s):  
Iwona Dronia Iwona Dronia
Keyword(s):  
Special Education ◽  
Political Correctness ◽  
Legal Status ◽  
European Countries ◽  
Physical Impairment ◽  
Educational Context ◽  
Special Educational Needs ◽  
Special Education Needs ◽  
Education Needs ◽  
The Uk

The main goal of this article is to describe the legal status and situation of disabled learners in Poland, the UK and in other European countries. The author wishes to analyze whether the trends advocated by the principles of Political Correctness (PC) have influenced the language used in the educational context, and, in particular, towards students of special education needs (SEN). The article attempts to demonstrate that neither English nor Polish are sufficiently polite in terms of describing, categorizing, evaluating or naming all the learners, who, owing to their mental or physical impairment, have Special Educational Needs.

scholarly journals Employees, workers and the ‘sharing economy’ Changing practices and changing concepts in The United Kingdom

2017 ◽  
Vol 6 (1-2) ◽  
pp. 16 ◽  
Author(s):  
Mark Freedland ◽  
Jeremias Prassl
Keyword(s):  
United Kingdom ◽  
Sharing Economy ◽  
Work Relations ◽  
High Profile ◽  
On Demand ◽  
The United Kingdom ◽  
Gig Economy ◽  
Starting Point ◽  
Changing Practices ◽  
Employment Rights

Abstract: Recent years have seen a radical shift in the practice and profile of the labour economy in the United Kingdom consisting in the considerable growth of the so-called ‘Sharing Economy’ or ‘Gig Economy’, better identified as the ‘On-demand Economy’. From that starting point, it is argued that a corresponding change seems to have occurred in the set of concepts which the labour/ employment law of the United Kingdom uses to analyse and to characterize the work relations and work contracts which are created, made, and operated within this rapidly growing sector of the labour market. Two recent high-profile Employment Tribunal decisions in the Uber and Citysprint cases, and a decision of the Court of Appeal in this same area in the Pimlico Plumbers case have served to confirm the legislative creation of a third intermediate category of ‘workers’ who benefit from a set of employment rights which is more limited than that enjoyed by employees but which is nevertheless very important. This crystallization of labour law’s newly tripartite taxonomy of work relations has occurred very largely in the context of the on-demand economy, and is beneficial to those located in that sector. This is, however, a rather fragile conceptual structure.Keywords: employees, workers, ‘sharing economy’, ‘on-demand economy’, recent cases in UK.

THE LEGAL STATUS OF CENTRAL BANK INVESTMENTS UNDER ENGLISH LAW

1998 ◽  
Vol 57 (2) ◽  
pp. 374-390 ◽  
Author(s):  
WILLIAM BLAIR
Keyword(s):  
Legal Status ◽  
Case Law ◽  
Central Banks ◽  
The Public ◽  
State Immunity ◽  
The Us ◽  
English Law ◽  
The Uk ◽  
Special Provision ◽  
Made In

Central banks have enormous sums of money in various forms of investments. When claims are made either against the banks themselves, or against other governmental bodies, issues arise as to whether these assets can be attached, and made available to satisfy judgments. The article explains how central banks are treated in English law. It explains the special provision made in respect of their assets under the State Immunity Act 1978. There is wide immunity from attachment, though questions can arise as to the ownership of such assets. The UK legislation is, in some respects, wider than its counterpart, the US Foreign Sovereign Immunities Act 1976. Recent case law is described in which the English courts have recognised that the public responsibilities of central banks have to be taken account of when determining the extent of their liability to attachment.

Ministers of Religion and Employment Rights: An Examination of the Issues

2003 ◽  
Vol 7 (33) ◽  
pp. 157-175
Author(s):  
Philip Petchey
Keyword(s):  
Policy Decision ◽  
White Paper ◽  
Employment Protection ◽  
Contract Of Employment ◽  
The Government ◽  
Employment Rights

In 1998 the government published a White Paper entitled Fairness at Work. It invited views on whether legislation should be introduced to take the power to extend the coverage of employment protection rights by regulation to all those who work for another person, not just those employed under a contract of employment. It would not have been apparent from this that the government was considering extending employment protection rights to ministers of religion. Nor is it likely that many people realised this could be the effect of section 23 of the Employment Rights Act 1999 by which Parliament subsequently enacted the proposal contained in the White Paper. Nonetheless the possibility was recognised as the Bill passed through Parliament. Pressed about the government's view as to the position of ministers of religion, the Minister explained that no policy decision had been taken, but he did say:

AHRB on its Own

2008 ◽  
Author(s):  
James Herbert
Keyword(s):  
Performing Arts ◽  
Legal Status ◽  
Chief Executive ◽  
Fiscal Year ◽  
Company Limited ◽  
Lease Contract ◽  
The Government ◽  
The Uk ◽  
Research Councils ◽  
A Company

This chapter discusses the separation and independence of the AHRB from the HEFCE. In 2001, through the aid of Bahram Bekhradnia, the AHRB gained autonomy from the HEFCE. At the beginning of the fiscal year in April 2001, the ARHB became a company limited by guarantee. In September of the same year, the organisation gained legal status as a charity, hence affording it certain tax advantages. The newly independent company and charity took on new trustees, however it retained its broad responsibilities. It also took on the responsibility for producing its own audited Statutory Accounts. At the same time, the organisation's staff formally transferred to the employment of the ARHB and in the following year additional staff were recruited. In the month of October, the organisation signed a ten-year lease contract on its new office in Whitefriars Building in Bristol. In addition, the organisation was also attaining full realization of its programmes and objectives. It formed three award schemes including the Research Leave scheme. It also created the Fellowships in the Creative and Performing Arts. In addition, the organisation also formed new funding schemes and in 2002, upon the approval of the government, the Research Council funded projects throughout the UK. In sum, as Chief Executive David Eastwood puts it, the ARHB was achieving independence and operating in ways which still mirrored those of the research councils.

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