““The range of statutory employment rights that a person enjoys depends on their
employment status. There are currently, basically three types: employee, worker and
self-employed. While basic definitions of ‘employee’ and ‘worker’ are contained in
legislation, detailed tests are set in case law. Many recent cases have been
concerned with whether people working in the ‘gig economy’ are workers or self-
employed” UK Parliament
Discuss critically within the context of employment law, consider the rights enjoyed
by employees in view of their employment status and examine the situation of those
working in the ‘gig economy’ in the UK. Support your answer where necessary with
relevant academic authorities, case laws, legislation, and opinions of jurists.
3000 words
Question 2 (20 Marks):
Mr McConnell and his colleague, Mr Richmond, were employed as Jewellery
salesmen and paid on a salary plus commission basis. In 1994 the employer decided
to alter the approach and methods employed to sell the company’s products. The
initiative did not succeed, and the commission earned by the two men dropped
substantially.
Soon after the changes were made, the men raised a complaint with their
manager, but he said that nothing could be done immediately. Some weeks later
they again complained but nothing was done. Finally, they tried to take the matter
up with the company chairman, Mr Goold, but were not given an appointment to
meet with him. They thus resigned and claimed constructive dismissal. They won their
case.
Questions
Read
W A Goold (Pearmak) Ltd v McConnell & Anor [1995] UKEAT 489_94_2804 (28
April 1995)
URL: http://www.bailii.org/uk/cases/UKEAT/1995/489_94_2804.html
1. On what basis do you think they won?
2. To what extent do you agree that this was a just outcome?
