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Employment Law-- Report [British Nursing Association v Inland Revenue] - Case Study Example

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Employment Law-- Report [British Nursing Association v Inland Revenue]

In some countries (such as Canada), employment laws related to unionised workplaces are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. The labour movement has been instrumental in the enacting of laws protecting labour 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; the way in which 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 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 of time 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 of time constituted work. The main issue was what was to be regarded as their "actual work".

The EAT emphasised that the task is to look at all the facts of the case, rather than trying to apply a general rule or categorise the nature of the work involved." 01

Further more detailed description of type and work of National Minimum Wage Compliance Team is as Follows:
"The National Minimum Wage Compliance Team is an arm of the Inland Revenue
charged 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.

British Nursing Association -v- Inland Revenue ( National Minimum Wage Compliance Team ) concerned workers who ...Show more

Summary

Employment defined in various terms may be perceived differently as well. It included hiring, managing, rewarding and taking care of people in return of their services and work they render for an individual or organization. Details of work and employment are written and agreed on contract between two parties…
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