Unfair Dismissal Law Essay Research Coursework Paper (Essay Sample)

UNFAIR DISMISSAL CASE SCENARIO
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Introduction
Employment law embodies varied aspects of employment. It’s a product of the three last decades of the 20th centuries. However, employment law has been in existence since people worked as was evidenced in feudal England by the Ordinance of laborers of 1349 the statute of laborers of 1351. Essentially, employment law governs the relationship between the worker, employer and the trade unions. It serves to safeguard the interest of each individually party. Employment law covers critical work aspects such as hiring process, working hours, minimum wages, and fair dismissal procedures among others. It is important to note that the founding legal framework especially in the industrial revolution error majorly protected the interest of the employers and largely disregarded the rights of the workers. With time however, this situation was revolutionized as depicted by the House of Lords in Mogul Steamship Co Ltd v McGregor, Gow $ Co [1892] AC 25, when the court allowed the workers to form and join trade unions. Today, the United Kingdom pride itself in some of the fairest and progressive law with regard to employment. Indeed, jurisprudential development in the labor sector in United Kingdom is anchored on the common law, statutory legislation and the European law. Various decided cases and statutory provision make distinction between an employee, independent contractor, worker and agent. Each category has varied levels of protection by the law. This paper seeks to delve into the aspect of unfair dismissal with specific regard to the case scenario provided. It shall endeavor to interrogate all the relevant facts and applicable law to determine whether the claimant is eligible to pursue unfair dismissal claims, time limits if any, issues that the employment tribunal shall depend on in making its decision as well as compensation to the claimant in an event she is successful in her claim.
Is Greta eligible to pursue an unfair dismissal claim?
In determination of particular issue, we must address our selves to more salient questions; what kind of relationship existed between Greta and Insurers R Us Company? Was Greta an employee of the company or just a worker? Even more importantly, was she an independent contractor? This forms the basis of the whole case. Notably, courts of law have pronounced themselves on this particular issue. Quite a lot of difficulty in arriving at the distinction between a worker and an employee was espoused in the case of Pimlico Plumbers Ltd and another v smith [2018] ICR 15]. These difficulties stem from the definitions of the Equality Act 2010 specifically on worker and employee. Today, the courts utilizes various tests such as control, integration, and economy reality test among others as opposed to confining themselves solely to the provisions of their contracts and statutory definitions which are often misleading.
Control Test