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英语论文题目：employment law

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论文语言：英语论文 English
论文专业：会计
字数：3000
学校国家：英国 U.K.
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论文用于：BA essay 本科课程作业
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Answer Questions
Case 1
1.0 Introduction
Unfit Ltd, as one prestigious gym club located in Jesmond, in Newcastle, employed Tom as a personal trainer since April 2009. There has been employedhttps://www.51lunwen.org/advertise/2012/0305/2242595378.html  contract between these two parties. Last month, the contract was modified to be one self-employed basis. NowUnfit Ltd would terminate this self-employed contract with immediate effect. Tom is considering whether he can claim unfair dismissal.

2.0 Definition of Unfair Dismissal
3.1 Definition of Employee

3.2 Five Tests Used for Judging the Employee Position
Control Test

Mutuality of Obligation Test
Integration Test
Multiple Test
Personal Service Test

4.0 Conclusion
With the above analysis utilizing five tests, the conclusion can be got that Tom is an employee of Unfit Ltd, not a self-employed people. This means Tom claim unfair dismissal from Unfit. Summing up all the above analysis, it can be stated that when determining whether one people got the rights of claiming unfair dismissal, there are three key factors. These three factors include the “employee status”; the basis for making the judgment--- Employment Rights Act 1996, other case and statute laws of UK; “the employment contract has not lawfully terminated”. Only under this situation, unfair dismissal can be finally judged.

5.0 References:
Employment Rights Act 1996
Express and Echo Publications v Tanton [1999] IRLR 367, [1999] All ER (D) 256.
Reid v North West Ceilings [2001] All ER (D) 02 (Apr).
Malloch v Aberdeen Corp (No 1) [1971] 1 WLR 1578
Ridge v Baldwin [1964] AC 40
Young and Woods Ltd v West [1980] IRLR369.
Montgomery v Johnson Underwood Ltd [2001] EWCA Civ 318.
Chapman Anna. (2010). Protections in Relation to Dismissal: From the Workplace Relations Act to the Fair Work Act (May 31, 2010). UNSW Law Journal, Vol. 32, No. 3, 2009; U of Melbourne Legal Studies Research Paper No. 470. Available at SSRN: https://ssrn.com/abstract=1618087
Robbins W. & Voll G. (2005). Employee dismissals (Laws, regulations and rules), Labor market (Forecasts and trends). Australian Bulletin of laborPublisherhttps://www.51lunwen.org/advertise/2012/0305/2242595378.html Stephen Taylor & Astra Emir. (2010). Employment law: an introduction. Volume2, Publisher: Oxford University Press.