'In this modern day and age, it is arguable that changes to Essay

'In this modern day and age, it is arguable that changes to traditional employment patterns and the growth of what might be ca - Essay Example Strengthening the Case for Extending Statutory Rights Generally, the traditional employee is entitled to statutory employment rights. Such rights as right from unfair dismissal and other related jobs are enjoyed by employees who have jobs that last from 9 AM till 5 PM. This means that such an employee has a right to be informed in advance of the intention by the employer to lay him/her off. There are a lot of case laws that has been affected to protect the rights of the traditional employee. An example, such a case, is the case of Commissioners of Inland Revenue v Ainsworth [2005] IRLR 465. In this case, the matter was of the enforceability of the right to holiday pay (Moffatt 2011). There are all forms of material concerning the protection of the rights of the traditional employee. The new or emerging form of employment has also necessitated an urgent need to protect the rights of the atypical employee. One of the contentious matters that are encountered in this stage is the form of protection that an atypical employee is afforded. In England, more than 25% of the labour force constitutes part-time employees (Vettori 2007). Vettori 2007 emphasizes on the number of the atypical employees globally has shot up to a very large size warranting the need to revise the title ‘atypical’ that is normally assigned to them. Currently, the atypical employees do not enjoy many rights (Vettori 2007). This means that employers have the power to hire, and fire them at will since they do not have signed contracts to secure tenure at the place of employment. The employer who utilises these atypical labourers has the advantage of having a labour force that is highly vulnerable, therefore, easy to manipulate in his/her favour. The employer in this case is able to escape many obligations in the form of collective bargaining or even legislation. This sorry state of affairs thus brings up the urgency to grant these employees statutory rights. In some countries like Engla nd, there have been steps towards the granting of a level of protection to the atypical employees. One way of doing this has been through the passing of the Employment Relations Act 1999 (Galbraith et al 2011). This law grants authority to some statutory organs to ensure that the statutory rights are extended to other forms of employment such as atypical employees. This aims to ensure that the employees are given a sort of protection by the law. An example of this in the application is the case of Byrne Brothers (Formwork) Limited v Baird. In the above case, the employees who were level D subcontractors-only were able to claim paid leave for the duration of time that they were laid off. This was during the period of Christmas and New Year’s celebrations. The basis of their victory was because the Work Time Regulations 1998 applied to all employees. This sort of egalitarian law had the effect of placing all the employees in the same rights level. This thus ensured that employe es were protected within this duration, and it was not easy to lay them off. Currently, the atypical employment sector is growing steadily. This sector, which includes the temporary employees, part-time employees, self employees, and subcontracted employee has managed to grow. Some of the reasons for this growth are attributed to the absolute growth in the sectors or industries that rely in this form of labour such as retail