Seminar 3

SEMINAR 3
ATYPICAL WORKERS
1. All employees are workers but not all workers are employees, is this true?
2. What is a worker under s230(3) ERA 1996? What does a claimant have to
prove to show worker status? Is this different from the requirements to show
employee status?
3. Do you agree with the proposed reform to employment status in the Taylor
review? Read pages 110 - 111
https://assets.publishing.service.gov.uk/government/uploads/system/
uploads/attachment_data/file/627671/good-work-taylor-review-modern-
working-practices-rg.pdf
4. What is the gig economy? What is the likely employment status of an
individual working in this area? Support your answer with cases.
5. What did Uber BV v Aslam 2021 UKSC 5 say tribunals should consider to
determine worker status?
6. What is the definition of a zero hours contract? What is the likely
employment status of an individual on a zero hours contract?
7. Are zero hours contracts a good thing?
8. What did the decision in James v Greenwich Borough Council 2008 EWCA Civ
35 say about the status of agency workers?
9. What are the Agency Worker Regulations 2010? How do they improve the
working conditions of Agency workers? Do you think they impose too great a
burden on employers?
10.Ali works for Speedy Pizzas Its business involves the delivery of food and
drink items from a chain of Pizza restaurants to customers' homes or to other
premises such as offices. It enters into what it describes as “supplier
agreements” to arrange the delivery of the food and drink items with
individuals, who are mostly riders of bicycles, scooters and motorcycles. Once
accepted as a Rider, the individual is required to sign a Supplier Agreement
and pay £150 for an “equipment pack” containing a thermal box and bags to
transport the food and drink, a branded hi-vis jacket and various other items.
When Riders stop working for Speedy Pizzas they are refunded the £150 if
they return the equipment in good order. Ali had to complete an on line
training course before he started. His contract describes Ali as self
employed.It allows him to send a substitute for any reason and it also allows
him to work for anyone else. The contract allows for either party to terminate
the contract for any reason by giving one weeks notice. Ali obtains work by
logging into the app which he has downloaded onto his phone and he will be
offered a delivery through that. He can log in and out whenever he wishes to.
He is paid a fee for each delivery. Speedy Pizzas prepare a weekly invoice for
Ali but he can use his own if he prefers. Ali pays his own tax and national
insurance and provides his own transport.
Ali is seeking your advice as he has not been paid for last months
deliveries.
11.Doctor Ali was a general practitioner working for a small NHS surgery in East
London since 2004. He is also a trained surgeon. In 2018 he started working
for a private cosmetic surgery clinic, Elixir Cosmetic Clinic Ltd(ECC ) in
Hertford, mostly working on Saturdays but if he was not available or wanted
to take holiday he had to notify ECC. Dr Ali signed an agreement which
stated it was a contract for services. He was required to carry out cosmetic
procedures at the clinic personally and provide advice and assistance to the
clinic when necessary. He had to notify the clinic director if he was sick and
produce a fit note if he was sick for more than 7 days. The agreement
contained a non competition clause stating that he was unable to work for
any competitor within the UK during the agreement or for 12 months after he
had left. He had to pay his own tax and national insurance and provide his
own indemnity insurance. His fee was a percentage of the fee paid by the
clients which was paid to him on submission of an invoice.
A month ago, Dr Ali received a letter from ECC stating his services were no
longer required due to colleagues concerns but no details were given. A
month’s invoices remain unpaid.
Dr Ali wants to claim unfair dismissal and unpaid wages. Can he?
12.Fendi has been working for Hatfield Joiners PLC. since 2011 as a carpenter.
She has to provide her own tools but Hatfield Joiners provide a van with
their logo on it which Fendi is required to rent from them. The rental
payments are taken direct from her wages. She has to wear the company I.D.
card when she is working. She has to work at least 40 hours a week and any
annual leave must be signed off by her line manager. Fendi has a contract
with Hatfield Joiners PLC which describes her as being self employed. It
allows her to send a substitute if she is not able or willing to work, but the
substitute can only be another operative working for Hatfield Joiners PLC. The
contract also includes a clause stating that if Fendi leaves Hatfield Joiners
PLC she can not work for a competitor for 12 months. A further clause said
that Hatfield Joiners PLC were not obliged to provide her with work if there
wasn’t any.
Fendi did not get paid until the customer had paid. She was self employed for
tax and VAT purposes.
Fendi has not been paid any holiday pay since she has been working for
Hatfield Joiners PLC and seeks your advice.

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