The UK government has introduced various of legislation for safeguarding the interest of worker within the territory of England. This statue provides protection to employee from various of aspect by introducing to employer for performing their job well. In this report consist of two assignment which related to worker of Marion and Anna who faces problem regarding contractual term so legislation of this law secured the interest of each party. The whole assignment has based on case study which has required to solve by applying legal provision.
(a). Marion an employee or another type of worker
Contract hourly worker/employee – In this case, Marion has appointed by Technicalities Ltd in year 2014 which is the labour hire company therefore, hiring of eligible person is the duty of this organization. At the timeof appointment company shows condition for work which is relates to payment and work instruction etc. in addition, she is appointed for hourly payment basis so when he work for enterprise then it would be payment as hourly basis. Ultimately, company placed her with a client, Innovative Storage with same condition. Thus, by reviewing all this situation it is analysis that Marion is working as contract worker who has appointed until December 2015. During this time, IS order to Marion for not followed instruction given by Technicalities Ltd. Therefore, he would be treats as employee of company because he involves in every activities which organise by IS at regular period. But she is treats as contract hourly worker who is liable for job till December 2015 only. Therefore, tenure of work has been completed when after contract period. Apart from this, enterprise has paid to her on hourly basis as their daily work so no instruction is given when she is engaged in contract work. It is also depends on her to join or not join work so it is just her consent to involve in work force.
As per the employment act state that ultimate controlled should be considered during working condition so there is IS has total controlled over Marion in course of employment and management also confirm to be continue her service till December 2015.
(b). Marion’s employer, Technicalities or IS
In this case, Technicalities Ltd is a hiring company which is just responsible to hire person for client organization as their requirement so it appoints to Marion as a worker and gives all instruction regarding employment condition. Then place to client company IS. They decided to paid in hourly basis and required to followed all instruction given by company. Finally, it places to IS enterprise therefore, as per the employment act, IS enterprise will be treats as employer because it has instruction right during working hour further, in exchanges it paid as hourly basis. Hence, in this situation Marion’s employer will be IS because it has ultimate controlled during working hours. On the other hand, work related instruction is given by IS as their operational activities and payment has been made as accordingly. Whenever she injured then also IS enterprise has reimbursed as their injury along with, IS organization has also clearly indicate to Marion to not followed the instruction given by Technicalities Ltd. So it is the implied that IS is the employer of Marion.
(c). Marion’s employer breached any contractual duty owed to her
In this case, Marion is the employee of IS company who has breach the contractual duty as described in employment act. Further, when Technicalities Ltd. Hire to Marion for work then they get sign her on all document and place to client company. Therefore, it is the obligation of IS enterprise to serve proper notice for showing continuing service. The failure of serve notice is indicate that employer engaged in breach of term as well. Therefore, it is arisen legal liabilities against employer. On the other hand, it is liabilities of employer to provides fair environment to worker further, in this case, Marion slip down by mopped up oil when she carries office equipment therefore, it is the employer liabilities to take any action for safeguarding the interest of their employee. The injury emerged to her is liable to employer. There is applied vicarious liabilities which directly liable to employer for mistake of their other worker.
In this case, Marion has appointed on hourly basis remuneration therefore, employer is only liable for paid to employee when she engaged at operational work. But she injured during course of employment is directly liable to employer for paid compensation.
(a). Whether or not Anna is an employee
In this case Anna is a work as employee under controlled of Max who is the owner of Creative Juices PVT. Ltd. Further, this company is mainly deals in photography business. Therefore, in this company Anna work as photographer who produce innovative television advertisement. As per the employment relationship, employee is eligible for salary in exchanged of their work therefore, company paid her fix remuneration at each end of the month so he used to earned $150000 per annum. Organization also paid reimbursement of $500 to employee for photo shoot at outside area. Further, this only paid to subordinate within the organisation. On the other hand, she faces back pain and shoulder problem during climbing to mountain. So organisation also gives relaxation for absence for few time period. Hence, by reviewing all point it is to be noted that Anna is just employee in photographer company which is just liable for their fix remuneration at the end of the month.
The argument relates to bonus and reimbursement is also indicated that Anna and max relationship is just based on employment contractual term where both party argues to each other regarding payment.
(b). Employer have to pay her for the period she refused to travel for work.
In this case, as employer side management has paid already to Anna $500. But she argues that such amount paid by management for their the best work performance and she refuse to go outside area for photo shoot. But after some time he decided self for go outside from local area. Therefore, It is to be noted that it is decided by higher authority that any amount paid by them is incentive or reimbursement. So that if management paid $500 as reimbursement amount then it will be treats as same. In addition, higher authority is not liable to paid any amount if they paid already and employee has not right to determined any amount nature. Therefore, employer is not required to paid for go outside for photography purpose. Apart from this, management should focus on employee work performance and they should gives incentive also for best work performance with efficiency manner. In this case, Marion shoot photo from which cannot be perform by everyone with similar manner. So for this duty he is the eligible for more remuneration as bonus.
In this case, employer also argue that, they have already paid in previous month of $500 as a bonus for their good work performance and clearly state that authority will not be paid for meals and travelling expenses so it is suffered to organisation self. Therefore, photography field required to take shoot at different place so they are obligated to visit different place. So this expenses is common which organisation should bear for operate their business well because it gives profit to enterprise. Hence, higher authority should paid to remuneration expense for their employee visit for operation work.
(c). Max has breached any contractual duty in relation to her injury
In this case, it is the duty of Max who is employer of Anna that specified every term in front of their employee. Further, management of Creative Juices Pty. Ltd. is to be specified about every term and condition regarding legal employment agreement. Therefore, authority should be specified while giving $500 to Anna. Failure of proper discloser arise confusion in Anna mind. On the other hand, it is also employer responsibilities to make policy regarding safety during work. As well as they should also provide safety tools and equipment as their need for being safety from their operation. It also to be noted that employment act also specified that every employer is required to paid reimbursement as equal to expenses arisen during work operation. Management should clearly specify every term with fair manner. In this condition, authority gives statement suddenly that amount deposit of $500 which is bonus for their good work. But Anna spend it as reimbursement. This mistake has arisen because non specified of term with proper manner by responsible authority.
On the other hand, there are vicarious liabilities has arisen because it's a duty of employer to protect the interest of employee from hazardous work operation. In this case, Max just give verbal communicate for take care with properly during photo shoot but actually any organisation policy has not existed for safety instruction as well as enterprise has not carrying any tool for safeguarding to their employee for such type of hazardous activities. Hence, it also contractual employer which has stated in employment legislation.
Conclusion of whole report state that two different assignment has based on case study which link to organisation employee. Further, every worker has right to protect himself from unfair practice. Every employer is obligated to followed every legislation which is relates to industrial law otherwise, there will be whole organisation will be liable in legal proceeding. On the other, workplace law plays vital role within the UK territory which has applied on every organisation as condition described in legislation. Apart from this, it also contained suggestion which organisation has to followed for safeguarding itself from any future liabilities.