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Market Investigations Ltd V Minister Of Social Security
''Market Investigations Ltd v Minister for Social Security'' 9692 QB 173 is a UK labour law case which was heard as a challenge to a decision by the Government that employed National Insurance contributions were due on the payments to the worker. It took the view that establishing the common-law employment status of an employment contract requires attention to a multiple list of factors. In some regards this judgement appears to undermine the three-step reasoning in ''Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance'' (RMC), which was decided the previous year. However, 'Market Investigations' involved implying the companies best-practice handbook into each of the separate contracts between the parties, whereas 'RMC' was judged purely by rational construction of the agreed terms of a lengthy written contract, against the background of the written contract as a whole. Facts Anne Irving from time to time conducted market research questionnaires. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high value and high importance Civil law (common law), civil law (non-criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Of Employment
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts relies on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage (Simon, 1951). Terminology A contract of employment is usually defined to mean the same as a "contract of service". A contract of service has historically been distinguished from a contract for the supply of services, the expression altered to imply the dividing line between a person who is "employed" and someone who is "self-employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wage, holiday pay, sick ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Insurance Contributions
National Insurance (NI) is a fundamental component of the welfare state in the United Kingdom. It acts as a form of social security, since payment of NI contributions establishes entitlement to certain state benefits for workers and their families. Introduced by the National Insurance Act 1911 and expanded by the Labour government in 1948, the system has been subjected to numerous amendments in succeeding years. Initially, it was a contributory form of insurance against illness and unemployment, and eventually provided retirement pensions and other benefits. Currently, workers pay contributions from the age of 16 years, until the age they become eligible for the State pension. Contributions are due from employed people earning at or above a threshold called the Lower Earnings Limit, the value of which is reviewed each year. Self-employed people contribute partly through a fixed weekly or monthly payment and partly on a percentage of net profits above a threshold, which is revi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Of Employment In English Law
An employment contract in English law is a specific kind of contract whereby one person performs work under the direction of another. The two main features of a contract is that work is exchanged for a wage, and that one party stands in a relationship of relative dependence, or inequality of bargaining power. On this basis, statute, and to some extent the common law, requires that compulsory rights are enforceable against the employer. There are diverging views about the scope by which English law covers employees, as different tests are used for different kinds of employment rights, legislation draws an apparent distinction between a "worker" and an "employee", and the use of these terms are also different from their use in the European Court of Justice and European Union Directives. Under the Employment Rights Act 1996 section 230, an "employee" is anyone with a contract of service, which takes its meaning from a series of court cases that are also applicable for tax and tort law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ready Mixed Concrete (South East) Ltd V Minister Of Pensions And National Insurance
''Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance'' 9682 QB 497 is a UK labour law case concerning the definition of a contract of service, rather than a contract for services. The distinction is important because many employment law rights under the Employment Rights Act 1996 require that a claimant has "employee" status under s 230. An employee is defined as someone with a contract of employment, and that is defined to be a contract of service (or apprenticeship). This is a leading case. A senior UK judge has stated that employment status is a matter of law. This statement needs to be understood as clarifying that the parties to a contract do not have the clear power to define and agree (in a contract) that the contract is either employment, or not-employment. This decision, where in dispute, is a matter for the courts. Facts Thomas Latimer had worked for Ready Mixed Concrete Ltd as a yard batcher from 1959 to 1963. The company delivered c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Secretary Of State For Work And Pensions
The secretary of state for work and pensions, also referred to as the work and pensions secretary, is a secretary of state in the Government of the United Kingdom, with overall responsibility for the business of the Department for Work and Pensions. The incumbent is a member of the Cabinet of the United Kingdom. The office holder works alongside the other Work and Pensions ministers. The corresponding shadow minister is the shadow secretary of state for work and pensions and the shadow secretary of state for the future of work. The performance of the secretary of state is also scrutinised by the Work and Pensions Select Committee. The office is currently held by Mel Stride. Responsibilities Corresponding to what is generally known as a labour minister in many other countries, the work and pensions secretary's remit includes: * Support people of working age * Oversight of employers and pensions * Fiscal Consolidation * Providing support for disability * Support for fam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ratio Decidendi
''Ratio decidendi'' ( Latin plural ''rationes decidendi'') is a Latin phrase meaning "the reason" or "the rationale for the decision". The ''ratio decidendi'' is "the point in a case that determines the judgement" or "the principle that the case establishes".See Barron's Law Dictionary, page 385 (2d ed. 1984). In other words, ''ratio decidendi'' is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment. Unlike ''obiter dicta'', the ''ratio decidendi'' is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of '' stare decisis''. Certain courts are able to overrule decisions of a court of coordinate jurisdiction. However, out of interests of judicial comity, they generally try to follow coordinate rationes. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EU Labour Law
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States. The European Union, under the Treaty on the Functioning of the European Union, article 153(1) is able to use the ordinary legislation procedure on a list of labour law fields. This notably excludes wage regulation and collective bargaining. Four main fields of EU regulation of labour rights include (1) individual labour rights, (2) anti-discrimination regulations, (3) rights to information, consultatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US Labor Law
United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There is no federal law, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed Social Security, but the Employee Retire ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
German Labour Law
German labour law refers to the regulation of employment relationships and industrial partnerships in Germany. History *General Commission of German Trade Unions (1892–1919) *Free Association of German Trade Unions (1897–1919) *Weimar Constitution 1919 *Betriebsrätegesetz 1920 *Allgemeiner Deutscher Gewerkschaftsbund (1919–1933) *Free Workers' Union of Germany (1919–1933) * Arbeitsordnungsgesetz of 1934 *German Labour Front, the nationalised Nazi controlled union (1933 to 1945) *Strength Through Joy * Council of Trust and Factory leader *Confederation of German Trade Unions (est 1949) *Mitbestimmungsgesetz 1976 Courts and constitution *''Grundgesetz'' (1949) "Article 9 (Freedom of association). (1) All Germans have the right to form associations and societies. (2) Associations, the objects or activities of which conflict with the criminal laws or which are directed against the constitutional order or the concept of international understanding, are prohibited. (3) The right ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Labour Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
