British Nursing Association v Inland Revenue - Case Study Example

“Employment law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, workers and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers, and employees. In some countries (such as Canada), employment laws related to unionized workplaces are differentiated from those relating to particular individuals. In most countries, however, no such distinction is made. The labor movement has been instrumental in the enacting of laws protecting labor rights in the 19th and 20th centuries." 1 "In this case, the EAT held that nurses providing a telephone service from their own homes at night were working throughout the night, even though they were able to do as they wished and might be asleep between telephone calls.

The employees provided emergency nursing cover for nursing homes through a booking service that was staffed by qualified nurses 24 hours a day. During the day the service was provided from various offices but at night it was provided by nurses working from their homes. The Inland Revenue NMW Compliance Team served an enforcement notice on the employer. The Employment Tribunal considered that there was essentially no difference between the day workers and the night workers, except that the night workers worked from home.

The Tribunal, therefore, concluded that the nurses were working for the whole of their night shift. The EAT upheld the decision of the Tribunal. . four aspects: the nature of the work; the extent to which the workers' activities were restricted or unrestricted when they were not dealing with telephone calls; how the parties approached their mutual obligations and the way remuneration was calculated; and the extent to which the period during which work was performed was ascertainable.

The fact that the nurses were remunerated according to a shift system illustrated the nature of the obligation since the employer would not be expected to pay them for the time when they were not working. The EAT considered that the nurses' situation was different from that of other home workers because they could not choose the periods during the night when they answered the telephone calls. The continuing obligation to hold themselves ready to answer the telephone throughout the night was an important element in considering which periods constituted work.

The main issue was what was to be regarded as their "actual work". The EAT emphasized that the task is to look at all the facts of the case, rather than trying to apply a general rule or categorize the nature of the work involved." 01 Further more detailed description of the type and work of National Minimum Wage Compliance Team is as follows: "The National Minimum Wage Compliance Team is an arm of the Inland Revenuecharged with the task of enforcing the minimum wage with extensive powers to bring infringing employers to the Tribunal.

It has had a remarkable track record of success with well-selected and well-prepared cases. The result is greater compliance with the NMW, more money for workers, and more tax and NI revenue for the Treasury.