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  • Arabella 2

    Transféré par

    Nelson Amandela
    3 vues2 pages
    Arabella was engaged under a contract with Blaye Mortgage Brokers to provide what the contract expressly described in clause 2 as the services of a ‘casual sales agent’. clause 2 further stipulated that she agreed to be an independent contractor. She entered her signature next to clause 2 adjacent to the printed words, “read and understood”. The contract further stated that Arabella should provide her own vehicle. In fact, a vehicle is provided by Blaye Mortgage Brokers. Arabella’s duties require her to visit potential customers in a variety of locations in the south of England. She is paid on a commission basis, receives travel expenses, and is treated as self- employed for tax purposes. According to the contract she is not entitled to use Blaye’s formal grievance procedure, but complaints can he made to her “controller”, who performs a function similar to a line-manager. The contract also states that, should she decide that she does not wish to work on a particular day, she she may send a substitute worker. Arabella has always regarded the substitute clauseassomemysterious“legaljargon”. Ifshehadtriedtosendafriendtodo her work she is certain that the friend would not be allowed onto Blaye’s premises, because Blaye jealously protect their client’s confidential financial information. Arabella is required to notify her “controller” in advance of taking leave for any reason. Advise Arabella as to whether she is protected, as an employee, by the Employment Rights Act 1996.

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    Arabella was engaged under a contract with Blaye Mortgage Brokers to provide what the contract expressly described in clause 2 as the services of a ‘casual sales agent’. clause 2 further stipulated that she agreed to be an independent contractor. She entered her signature next to clause 2 adjacent to the printed words, “read and understood”. The contract further stated that Arabella should provide her own vehicle. In fact, a vehicle is provided by Blaye Mortgage Brokers. Arabella’s duties require her to visit potential customers in a variety of locations in the south of England. She is paid on a commission basis, receives travel expenses, and is treated as self- employed for tax purposes. According to the contract she is not entitled to use Blaye’s formal grievance procedure, but complaints can he made to her “controller”, who performs a function similar to a line-manager. The contract also states that, should she decide that she does not wish to work on a particular day, she she may send a substitute worker. Arabella has always regarded the substitute clauseassomemysterious“legaljargon”. Ifshehadtriedtosendafriendtodo her work she is certain that the friend would not be allowed onto Blaye’s premises, because Blaye jealously protect their client’s confidential financial information. Arabella is required to notify her “controller” in advance of taking leave for any reason. Advise Arabella as to whether she is protected, as an employee, by the Employment Rights Act 1996.

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    3 vues2 pages

    Arabella 2

    Transféré par

    Nelson Amandela
    Arabella was engaged under a contract with Blaye Mortgage Brokers to provide what the contract expressly described in clause 2 as the services of a ‘casual sales agent’. clause 2 further stipulated that she agreed to be an independent contractor. She entered her signature next to clause 2 adjacent to the printed words, “read and understood”. The contract further stated that Arabella should provide her own vehicle. In fact, a vehicle is provided by Blaye Mortgage Brokers. Arabella’s duties require her to visit potential customers in a variety of locations in the south of England. She is paid on a commission basis, receives travel expenses, and is treated as self- employed for tax purposes. According to the contract she is not entitled to use Blaye’s formal grievance procedure, but complaints can he made to her “controller”, who performs a function similar to a line-manager. The contract also states that, should she decide that she does not wish to work on a particular day, she she may send a substitute worker. Arabella has always regarded the substitute clauseassomemysterious“legaljargon”. Ifshehadtriedtosendafriendtodo her work she is certain that the friend would not be allowed onto Blaye’s premises, because Blaye jealously protect their client’s confidential financial information. Arabella is required to notify her “controller” in advance of taking leave for any reason. Advise Arabella as to whether she is protected, as an employee, by the Employment Rights Act 1996.

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    Employment Law
    The Employment Rights Act 1996 provides two different forms of employment rights as
    either statutory or contractual. Statutory rights are particular to individuals and include laws that
    protect an individual from unlawful discernment. Contractual rights, on the other hand, stem
    from the agreement between the employer and the employee and can be invoked in an
    employment legal proceeding involving a plaintiff and a defendant1.
    The Employment Rights Act 1996 under article 3 defines an employee as one who has
    entered into or works under a contract of employment2, which could be a contract of service or
    traineeship. In this light, the Act does not recognize people who carry out work for others as
    being employees. The following fundamental considerations are required to determine whether
    or not one is an employee:

    The individual agrees to provide work on a personal basis, a substitute, unless in

    particular circumstances, may not be nominated;


    A mutual obligation exists between the employee and the employer to execute the work
    defined under the contract. In the absence of an obligation of an employee to turn up at
    work, then the employee is assumed to be engaged on a casual basis and thus not

    considered an employee.
    The employee must be bound by the whole control of the employer.

    1 G. Phillipson, "Aileen Kavanagh, Constitutional Review Under The UK Human


    Rights Act" (2011) 12 Human Rights Law Review.
    2 G. Phillipson, "Aileen Kavanagh, Constitutional Review Under The UK Human
    Rights Act" (2011) 12 Human Rights Law Review.

    In our case, Arabella was engaged under a contract with Blaye Mortgage Brokers to provide
    what the contract expressly described in clause 2 as the services of a casual sales agent. Clause 2
    further stipulated that she agreed to be an independent contractor. As an employee, Arabella by
    signing the contract agreed to provide work services to Blaye Mortgage Brokers as a casual sales
    agent. Further stipulation on the contract under clause 2 regarded her as an independent
    contractor: a condition that is in breach of the employment contract. An independent contractor is
    not considered as an employee, and there is no obligation to perform on the part of Arabella or
    Blaye Mortgage Brokers.

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