By Barrow & Duddin, Charles Barrow, John G Duddington
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Additional info for Employment Law (Briefcase)
7 B RIEFCASE on Employment Law Carmichael v National Power plc (1999) HL The appellants were guides at power stations, where they took visitors on conducted tours. They worked on a ‘casual as required’ basis, under which they were offered, and accepted, work as it arose. They were not obliged to take work and the company did not guarantee that work would be available. They were paid only for the hours which they worked and tax and National Insurance contributions were deducted. They claimed a statement of terms and conditions of employment in accordance with s 1 of the Employment Protection (Consolidation) Act 1978, a right which is now contained in s 1 of the Employment Rights Act 1996.
3 The ‘economic reality’ test Market Investigations v Minister of Social Security (1969) HC A company, whose business was in market research, employed interviewers in addition to its permanent staff. The interviewers worked as and when required by the company. Held, by the High Court (QBD), that the interviewers were employees. ’ If the answer to that question is ‘yes’, then the contract is a contract for services (not employment). If the answer to that question is ‘no’, then the contract is a contract of service (that is, employment).
Later, his employer and the union agreed a revised national term of agreement, which required pit deputies to work ‘such days and part days in each week as may reasonably be required’. Held, by the Court of Appeal, that the defendant was in breach of his contract by refusing to work on Saturdays. Per Pearce LJ: …by the defendant’s personal contract, his wages were to be regulated by national agreements for the time being in force. 20 Terms of the Contract of Employment Cadoux v Central Regional Council (1986) Court of Session The employee’s letter of appointment stated that he would be employed subject to national conditions of service, which provided, inter alia, a noncontributory pension scheme for employees.
Employment Law (Briefcase) by Barrow & Duddin, Charles Barrow, John G Duddington