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Summative Exam - Critically discuss the impact of the Supreme Court’s…
Summative Exam - Critically discuss the impact of the Supreme Court’s judgement in Uber on the determination of employment status.
Para 1: Purposive approach will impact those with atypical working arrangements who are usually the most vulnerable workers.
Allows factors such as: amount of control, integration with the business, remuneration (source 1).
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WIll aid atypical workers, make them more likely to be able to access employment rights (source 4).
Para 2: Preferential to using a contractual approach, but may be too abstract to set guidance on factors for future cases and have a large impact on determination of employment status.
Contract terms are acknowledged but not prioritised, reality of the situation should be considered first (source 2, Autoclenz case).
However, having contract terms are more consistent and literally applied, the purposive approach may create further uncertainties.
Para 3: Issue of mutuality of obligation? / Deliveroo case shows how different factors are prioritised.
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Does making mutuality of obligation > the rest of the factors utilise the purposive approach and reflect the true aims of employment law as this factor affects predominantly gig economy workers, who are typically more vulnerable workers.
Para 4: Determination of employment status does not necessarily guarantee accessible rights and protections (unfair dismissal).
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Therefore, should there be a desire to achieve this employment status because will it actually offer them anything different?
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Rights are limited to employees e.g., unfair dismissal, so employment status being a worker does not automatically give you rights.
Intro:
Main Point:There has been a positive impact but it is not a great impact on the determination of employment status due to the varying purposive interpretation and the factor of mutuality of obligation.
This essay will discuss how there will be an impact but follow up decisions in cases need to reflect the prioritisation of the purposive approach to make a true impact.
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