UK employment law on unfair dismissal Essay Example | Topics and Well Written Essays - 1500 words

UK employment law on dirty dismissal - Essay Example2006) and it is necessary to refer to the common law test for defining the office of employee. The statutory provision is bolstered by the Ready Mixed Concrete test (Ready Mixed Concrete (South East) Ltd v Minister of Pensions & National Insurance 1968 2 QB 497), which requires an examination of the overall picture (Jupp, 2005)The starting point for find out whether an individual is an employee is the control test (Honeyball & Bowers. 2006). This was established in the case if Yewens v Noakes (1880 6 Q.B.D. 530), where Bramwell LJ asserted that A servant is a person subject to the command of his master as to the manner in which he shall do his work (at p.532-533). However, socio-economic developments in the labour market have changed the shape of employment status, thereby undermining the suitableness of the control test as a sole determinant of employment status (Pitt, G. 2007).This was further hold by the Court of Appeal in t he case of Walker v Crystal Palace FC (1910 1 KB 87), where the control test was given a different slant by focusing on whether the employer had the right to control the background arrangements for the work such as when and where the work was done, payments and holiday entitlements.However, the Walker lengthiness of the control test was further developed into the integration test as propounded by Lord Denning in the case of Stevenson Jordan and Harrison v MacDonald & Evans (1952 1 TLR 101) under a contract of service, a man is employed as part of the business and his work is done as an integral part of the business whereas under a contract for services, his work, although done for the business, is not integrated into it but is only accessory to it (at p.111).Alternatively, factors pertaining to the working arrangement between the Mandox household vis--vis Bill and the nannies will also be important in determining employee status such as responsibility for tax, national