Rights at work: the contract of employment and health and

safety at work
Employees workers and independent contractors
Employee: individual worker with a contract of service with the party he was she works for.
Worker: works under a contract of service with fewer rights than an employee.
Contract of service: a contract between an employee and employer.
Independent contract: business/individual providing services under contract to another
business/individual.
This distinction is important between an independent contractor and an employee, since
employers are not vicariously liable for harm caused to third parties by an independent
contractor.
An employer is not liable to pay for national insurance, pension contributions or sick pay to
a worker (not an employee). Workers cannot claim for maternity paternity leave or cannot
claim unfair dismissal.
The employment rights act 1996 obliges an employer to provide an employee with a
written statement of key terms of the employees contract within two months starting work.
The common law requires employees to:
1. do their job with reasonable care and skill;
2. Obey all reasonable orders;
3. Act in good faith towards the employer.
Act in good faith:
1. Not to act in conflict with the employers interests;
2. Not to reveal confidential information;
3. To account for all profits.
The common law duties of the employer
1. Pay the employee as agreed by the contract;
2. Not undermine the trust and confidence of the employee;
3. Provide the employee with safe working conditions.
1. - Minimum wage
2. - Not to put an employee in a position that would affect their confidence and their ability
to perform their work.
3. - Employers must take all reasonable care to provide a safe workplace.
The law of tort: industrial injuries.
1. common law liability - Has a non-delegable duty of care. If hazard caused by 3rd party,
still liable for the harm caused. If the