Ordination, subordination and independence - the continuing challenge to the boundaries of labour law

Pitt, Gwyneth (2014) Ordination, subordination and independence - the continuing challenge to the boundaries of labour law. In: Challenges for Labour Law 2014: Group for Employment Law and Policy (GELP); 9 May 2014, Kingston upon Thames, U.K.. (Unpublished)

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Abstract

The concept of the employment relationship appears to be becoming more, rather than less, fluid in recent times, especially in the field of equality law. EU law, as interpreted by the Supreme Court in Jivraj v Hashwani, distinguishes on the basis of whether there is a “relationship of subordination” (Allonby). The suggestion from that case is that showing a requirement for personal work is not enough if the provision of services is independent of the direction of the “employer”. While arbitrators are not under employment contracts for the purposes of equality law, it seems that judges are: O’Brien v Ministry of Justice. The position of ordained ministers is once again under scrutiny as a result of Preston v Methodist Conference. This paper seeks to examine the coherence of the concepts of subordination, obligation and independence with a view to clarifying the proper scope of employment law.

Item Type: Conference or Workshop Item (Lecture)
Event Title: Challenges for Labour Law 2014: Group for Employment Law and Policy (GELP)
Organising Body: Group for Employment Law and Policy, Kingston Law School
Research Area: Law
Faculty, School or Research Centre: Faculty of Business and Law (until 2017) > Kingston Law School
Faculty of Business and Law (until 2017)
Depositing User: Gwyneth Pitt
Date Deposited: 14 Dec 2014 14:30
Last Modified: 14 Dec 2014 14:30
URI: http://eprints.kingston.ac.uk/id/eprint/29922

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