Employment law problem question Essay Example | Topics and Well Written Essays - 1750 words

Employment law problem question - Essay Example The change in time prevents him from seeking employment elsewhere. His case is different from that of his fellow workers who can manage to work for other employers2. He is restricted from engaging in other activity because he has to be around his work place just in case residents require his help. His job requires that he remains standing throughout his job time and he is therefore qualified for employment on full time compensation. 3 Husain’s agreement with his employer indicates certain aspects that qualify him as an employee and not merely an individual on contract: he is obligated to undertake work even after the end of his shift, the obligation is mutual and he is expressly and impliedly under the control of his employer to a sufficient degree. Mutuality of obligation between Hussain and Caring Community Ltd requires him to undertake work when he is not in his shift thereby granting his employment status and rights. In the case Wilson v Circular Distributors Ltd, there was a provision similar to that of Hussain and Caring Community Ltd. In the case, Mr. Wilson was not required to be paid at times when there was no work available for him. His employer, Circular Distributors Ltd, argued in a tribunal that the provision of ‘no work no pay’ did not equate into an employment relationship4. However, the employer’s appeal tribunal ruled that owing to the fact that Mr. Wilson and his employer had a mutuality of obligation where Mr. Wilson was required to accept the job if and when it was available; it amounted to an employment relationship5. From the ruling, he would be paid even for the hours that he was not working. Applying his precedence in Husain’s case shows that he is entitled to payment for the hours that he is sleeping based on mutuality of obligation and his status as an employer6. Hussain is entitled to payment even when under rest. According to employment rights act, employees working under the zero hour