Project Plan employment
Research question:
Has the concept of ‘employment’ as it has been revised and re-defined in response to societal changes been adapted sufficiently to take account of changes in employment practices?
Background:
Employment is important for providing primary source of income and wealth to individuals. Thus, mastering the changes of employment practices and employment law is significant to develop and improve employment law in the future. However, “employment” is constituted by different elements, and the concept of “employment” is so vague that we cannot identify or describe it simply by general theory or description.There is no doubt that concept of employment indeed reformed and extended in many different aspect, for example, more type of employment status emerged, besides employer and employee, such as worker, self-employment, and other atypical employment. In my essay, I would like to explore the definition changes of employee.
Iwould make brief point of redefinition of employee and changes in employment practice, which I intend to discuss in my essay.
Research objectives
1. Changes of employee from normal definition to wider definition.
2. The relationship between “employment” and “employee”.
3. The reasons of these changes.
4. Effects of redefinition of “employee”.
I would like to separate these points in to different chapters in my research project. I would do it in the exactly same order of the questions I listed above. So my objectives would be:
Objective 1. What are the changes of employee from normal definition to wider definition?
Objective 2. Does the redefinition of “employee” stand for the reform of employment concept?
Objective 3. What are the reasons of these changes?
Objective 4. What are the effects of redefinition of “employee”?
Methods and resources/literature review
The bibliography I list at the end of the plan will indicate the resources of my research. I will give a more detailed treatment of my 6 resources below.
Objective 1. What are the changes of employee from normal definition to wider definition?
In certain circumstances, the term “employee” will be redefined into the means of “workers”
However, Trade union legislation used the term “work” with the definition of “an individual who works… (a) under a contract of employment or (b) under any other contract whereby he undertakes to do or perform personally any work or services for another party to the contract who is not a professional client.”
Ian Smith and Aaron Baker suggested that in the discrimination legislation, the definition of “employee” is similar with the definition of “workers” mentioned above.
In my full research project, I would provide more specific explanation of the extended definition of employee.
Objective 2. Does the redefinition of employee stand for the reform of employment concept?
Lord Nicholls of Birkenhead agreed that an employee is an individual works under the contract of employment, that is, “contract of service”. ‘Employee’ and ‘employer’ are both essential to the meaning of employment. The two terms are the basic element to form the concept of “contract of employment” which is basis of employment law. Thus, I believe that the redefinition of “employee” can stand for the reform of employment concept.
The link between “employee” and “employment” is obvious, so in my full research, I could probably combine the second objective into the first objective.
Objective 3. What are the reasons of these changes?
Ian Smith and Aaron Baker suggested that, “there can be argued that the traditional legal dichotomy between ‘employee’ and ‘independent contractor’ is now too simplistic to fit our diverse workforce, and leaves too many people potentially in the hole in the middle. One way to avoid (or at least mitigate) this, would be to move the goal posts and extend the definition of ‘employee’.” This sentence means that with the social change and economy problems, employers prefer to offer jobs which are not under the range of “employee” or “independent contractor”. To protect people at these conditions, employment law should enlarge the protective area for atypical jobs, especially the part-time ones. One of the solution is to extend the definition of “employee”.
It is proved that the redefinition of “employee” is in response to the societal changes.
Objective 4. What are the effects of redefinition of employee?
There are wider applications of employment-related status achieved by applying the wider definition of “employee”.
Furthermore, in the practice, there were cases indicate the impact of wider definition of “employee”. For example, in Percy v. Board of National Mission of the Church of Scotland where a woman named Percy who was a female Church of Scotland minister. She was dismissed because of an affair with a married church elder, and she could not claim unfair dismissal because she was not an “employee”. However, she was successful for claiming sex discrimination. As I mentioned above, the definition of “employee” were extended to the definition of worker. It also applied in the James v. Redcats (Brads) Ltd case. James was a parcel courier, who was using her own van, working only for the respondent firm, arranging her own timetable and holidays, paid per parcel delivered and accepted by HMRC as self-employed. She was successful to claim the breach of the national minimum wage. Because, national minimum wage legislation wider the definition to “workers” protect more types of individuals who need to be protected.
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