Employment Law - 2024 Paper 1

Critically evaluate the tests used by the courts to determine employment status. To what extent has the distinction between employees, workers, and the self-employed been clarified by recent case law, including the Supreme Court decision in Uber BV v Aslam [2021]?

Sarah has worked for BrightStart Nurseries Ltd for four years as a nursery manager. She is called to a meeting with her employer and told that she is being dismissed immediately for "poor performance." She is given no prior warning, no opportunity to explain, and no right of appeal. Sarah believes the real reason for her dismissal is that she recently complained to OFSTED about health and safety concerns at the nursery. Advise Sarah on potential claims she may bring.

Discuss the concept of indirect discrimination under s.19 Equality Act 2010. How have the courts interpreted the requirement to show a "particular disadvantage" and in what circumstances can indirect discrimination be justified?

TechCorp Ltd is restructuring and plans to make 25 employees redundant across two departments. David, a software engineer aged 58, is selected for redundancy using a scoring matrix that heavily weights "future potential" and "adaptability to new technologies." He scores lower than younger colleagues. Meanwhile, Elena, who is pregnant, is also selected for redundancy. She was not offered a suitable alternative vacancy that was given to a male colleague. Both wish to challenge their selection. Advise David and Elena.

FastFreight Ltd, a logistics company, is acquired by GlobalTransport plc. Twenty drivers employed by FastFreight are told their terms will change: their pay will be reduced by 15%, their routes will change, and their union recognition agreement will be terminated. Five drivers refuse the new terms and are dismissed. The remaining drivers reluctantly accept. Three months later, GlobalTransport dismisses another ten drivers citing "operational restructuring." Advise the drivers on their rights under TUPE and related legislation.