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

Employment Law-- Report British Nursing tie-up v Inland gross - Case Study ExampleIn some countries (such as Canada), employment laws associate to unionised workplaces are oppositeiated from those relating to particular individuals. In most countries however, no such distinction is made. The take movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. 1In this case the EAT held that nurses providing a recall 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 do 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 Employm ent Tribunal considered that there was fundamentally no difference between the day workers and the night workers, except that the night workers worked from home. The Tribunal therefore cerebrate 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 curtail or unrestricted when they were not dealing with telephone calls the way in which the parties approached their mutual obligations and the way profits 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 outline 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 restrict themselves ready to answer the telephone throughout the night was an important element in considering which periods of time constitute work. The main issue was what was to be regarded as their actual work. The EAT emphasised that the task is to catch at all the facts of the case, rather than trying to apply a general rule or reason the nature of the work involved. 01Further much detailed description of type and work of National tokenish Wage Compliance Team is as FollowsThe National Minimum Wage Compliance Team is an work up of the Inland Revenuecharged with the task of enforcing the minimum wage with extensive powers to bring infringing employers to the Tribunal. It has had a queer 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 As sociation -v- Inland Revenue ( National Minimum Wage Compliance Team ) concerned workers who