by atbattersea » Tue Mar 22, 2022 5:23 pm
supergirl wrote: ↑Tue Mar 22, 2022 7:53 amI am no lawyer but I fairly confident that unless you have signed an employement contract with your cleaner, you can choose fairly easily to take your business elsewhere…
As previously, I am not a lawyer. What @supergirl has written is
definitely incorrect. Contracts of employment can come about in the same way that other contracts arise, eg: in writing, verbally, via the conduct of the parties…
The part of employment that is required by law to be in writing is the “particulars of employment” – what hours someone is required to work, what the pay will be, etc. But this is a duty of the employer to provide, in its absence a contract of employment can still arise, the absence is regarded as a breach of employment law and action can be taken against the employer.
The long and short of it is that employment arises through a set of circumstances, that do not require a written contract or particulars of employment. However, as previously, I don’t believe that domestic cleaners would usually be regarded as employees.
The first few lines of this government advice make the situation clear:
https://www.gov.uk/au-pairs-employment-law
Basically, cleaners are self employed.
[quote=supergirl post_id=277371 time=1647935588 user_id=11918]I am no lawyer but I fairly confident that unless you have signed an employement contract with your cleaner, you can choose fairly easily to take your business elsewhere…[/quote]
As previously, I am not a lawyer. What @supergirl has written is [b]definitely[/b] incorrect. Contracts of employment can come about in the same way that other contracts arise, eg: in writing, verbally, via the conduct of the parties…
The part of employment that is required by law to be in writing is the “particulars of employment” – what hours someone is required to work, what the pay will be, etc. But this is a duty of the employer to provide, in its absence a contract of employment can still arise, the absence is regarded as a breach of employment law and action can be taken against the employer.
The long and short of it is that employment arises through a set of circumstances, that do not require a written contract or particulars of employment. However, as previously, I don’t believe that domestic cleaners would usually be regarded as employees.
The first few lines of this government advice make the situation clear:
https://www.gov.uk/au-pairs-employment-law
Basically, cleaners are self employed.