• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Employment Law: Rights of Agency Workers and Labour Law

Extracts from this document...

Introduction

In this question I will analyze whether Iqbal is an employee of Ajax or if he is an agency worker. This is an important factor from the point of view of employment protection rights and tax provisions. So firstly I will discuss agency workers. An employer may turn to an agency to provide him with staff for a specific purpose or definite or indefinite period of time. It seems Secretarial Services Ltd falls into the group of those who provide temporary staff or contract workers usually engaged by the agency and supplied to a third party, this seem to be relevant to Iqbal's case. The area of supply of labour by an employment agency is covered by the Employment Agencies and Employment Business Regulations 2003 and these set out the minimum standards. The position of an agency worker and whether he is employed or not has consistently been a difficult area. In the case of McMeehan v Secretary of State for Employment1, whether an individual is an employee depends on the terms of the contractual agreement with the agency in light of the surrounding factual circumstances. It seems by looking at the contract Iqbal is controlled by Ajax namely Simone his line manager as he takes orders and follows them. ...read more.

Middle

An employee is defined under s.230 (1) of the ERA 1996 as 'an individual who has entered into or works under a contract of service.' As it is not always clear who an employee is, the courts have developed four tests to assist in determining status, the test are as follow; the control test, this is an important criterion which examines the degree of control the employer has the right to exert over the employee. This will include what needs to be done, the way in which the tasks will be done, and also time and place in which it should be done this will form a contract of service.5 It is clear that the greater the degree of control which is exercisable by the employer, the more likely it will be that the contract is one of service. It seems that Iqbal is controlled by Ajax as by the clause in his contract complying with all reasonable and lawful instructions make this point clearer. Iqbal carries out various administrative duties within Ajax's office this can be related to what Denning LJ suggested from the case Stevenson, Jordan and Harrison ltd v Macdonald and Evans,6 under a contract of service, he said a man is employed as part of the business and his work done as an integral part of the business. ...read more.

Conclusion

In the case of O' Kelly v Trusthouse Forte plc,9 the employee is under a continuing obligation not just to do the work given but to take work when it is offered by the employer. Also employer is bound not just to pay for work done but also continue to make work available. To define status conclusively the courts will consider a host of factors e.g. what degree of control is exerted over Iqbal the more control the more likely he is to considered an employee, how he is paid regularly or sporadically, if payment is for a fixed amount it will indicate employment status. Does Ajax deduct tax or national insurance or is individual responsible for this? If deduction is by Ajax this would be a factor indicating employee status. As I have established Iqbal to be an employee of Ajax I will now move on to talk about how he was treated in the office by Simone. 1 [1997] I.C.R. 550 2 Motorola ltd v Davidson [2001] I.R.L.R. 4 3 [2004] EWCA Civ 217 4 [2006] EWCA Civ 220 5 Yewens v Noakes [1880] 6 Q.B.D. 530 6 [1952] 1 T.L.R. 101 7 [1968] 2 Q.B. 515 8 [1969] 2 Q.B. 173 9 [1983] 3 All ER 456 ?? ?? ?? ?? A.H - Employment Law: Rights of Agency Workers and Labour Law ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Employment Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Employment Law essays

  1. Marked by a teacher

    Critically assess how effective employment law is as a means of altering social attitudes.

    4 star(s)

    to give women permanent equality of access to and opportunities within the full range of men's jobs in peace time. Obliging employers to recruit, train, and promote employees on the basis of their individual qualities and qualifications, irrespective of sex or marriage.9 The SDA 1975, prohibits direct10 and indirect11 discrimination,

  2. employment law problem question

    seniority with the company on the basis of last in, first out". Albert has been working for the company for ten years and he is not a member of the union UCW, he was informed that he has been selected for redundancy.

  1. This essay will consider the growth and history of agency workers rights in the ...

    Employment agencies are subject to the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (and its amendment in 2007). The Act introduced the differences between an employment agency and an employment business, where in the former case agency becomes employer and in the

  2. The measure of success of any law of the termination of employment is the ...

    In the Coleman case, Stephenson LJ also emphasized that what was practicable was not to be equated with what was possible, and that it was necessary for the tribunal to consider the industrial relations of the situation. In that case, it was held not practicable to re-engage an employee where

  1. Employment Law Scenario. In this scenario there are many issues that are relevant in ...

    As well implied duty in employee's contract of employment states "your employer must protect you from any actions in the workplace which cause you ill or put your safety at risk" (Jefferson, 1997)

  2. Free essay

    Labour Law - Unfair dismissal

    given in writing not more than one year nor less than six months before the dismissal takes place. Although Alex's managers have made comments to him about retiring in September 2008, there is no mention of any notification in writing from ILL.

  1. Employment law

    a breach of reasonable duty of care in giving reference from her employer and she claim an economic loss she must have had since she lost that job she apply for. The employer Jill should have made Anna aware of the complaints before the reference had been giving in order

  2. Employment and Law

    Will was expressly dismissed s. 95 (a) (1) due to 'incompetence', which can be used as a fair reason for dismissal, however his employer failed to act reasonably Williams v Compare Maxam [1982] by dismissing him on the ground of competency and did not follow the compulsory procedure under the Employment Act 2002.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work