1. 3 Contract of Employment

2. Employee status Control test Organisation test Ordinary people test Mutual obligations test Multiple test

3. Mutual obligations Obligations from employer and employee Carmichael v National Power (2000) Cornwall County Council v Prater (2006)

4. Multiple test Ready Mixed Concrete v Minister of Pensions (1968) Did the employee agree to provide his own work and skill? Has the employer got some element of control? There must not be any term inconsistent with a contract of employment

5. Contract of employment Express terms Implied terms

6. Derived from Collective agreements Statute Custom The courts Work rules

7. Written statement of initial employment particulars –The names of the employer and the employee –The date when employment began –The date when continuous service with the employer began –The job title, or a brief description of the job duties –The rate of remuneration –Terms and conditions relating to hours of work –Terms and conditions relating to holiday pay –The place of work

8. –Terms and conditions relating to sickness payments –Details of pension schemes –The length of notice the employee is required to give and the employer is entitled to receive –Where the employment is not intended to be permanent, the period for which it is expected to continue –Any collective agreements that directly affect the employee –Conditions relating to work outside the UK –Details of disciplinary rules –Details of grievance procedures Written statement of initial employment particulars (cont.)

9. Duties on the employer To pay wages To provide work To provide references To ensure health and safety To indemnify against losses and costs relating to employment To highlight rights To provide protection against bullying To respect privacy To deal effectively with grievances Not to damage mutual trust and confidence

10. Duties on the employee To obey the employers instructions To co-operate with the employer Fidelity To take reasonable care in carrying out duties

11. Continuity of employment Continuity is preserved during Sickness or injury A temporary cessation of work A stoppage through custom and practice Maternity A strike A lock-out