• Define employment law• Distinguishing Employee from Self – Employed• Control test – Walker v...

Question

• Define employment law• Distinguishing Employee from Self – Employed• Control test – Walker v Crystal palace FC 1910• Integration test – Cassidy v Ministry of Health 1951• Multiple test -Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance1968• Mutuality obligation test-O’Kelly v Trust House Forte Plc 1983

Contract law

- Define Contract law- Explain Essential Elements of valid contract- Offer – Carlill vs Carbolic smoke ball -1983- Acceptance – Adams vs Lindell- 1818- Consideration- Intention to create legal relations- Privity of contract

This Task below meets evidence for Merit (M2)1. Differentiate and analyse the potential impacts of regulations, legislation and standards on businesses and organisations.
- Legislations – definition & explanation XXXXXXXXXXImpacts on businesses and organisation
- Regulations – definition & explanation XXXXXXXXXXImpacts on businesses and organisation
- Standards – definition & explanation XXXXXXXXXXImpacts on businesses and organisation

TASK 2
.
(a) Bruce is a sole trader in Liverpool. He registered as self-employed for National insurance and Tax purposes. Bruce is now considering incorporating the business as a Limited Liability Company.
Sole trader:• definition• advantages and disadvantages• definition of company• advantages and disadvantages• processes of registering or formation/incorporation of company• Legal advice – advice on whether to proceed with the incorporation or to remain as sole trader and give reason for your answers.

b) Timothy has been appointed as one of the board of directors of JVC Plc. He is wondering whether he would be entitled to any pay for his services and would like to know how JVC Plc should relate with its employees. Timothy is also wondering as to what will happen when JVC Plc starts struggling to survive.

PAppointment & Remuneration of Directors
- Definition of director- appointment of director- remuneration of director- Duties and obligations of employers and employees.- Insolvency Act 1986- insolvency and liquidation
InsolvencyDefinitions – company struggling or in debt.
Ways out of insolvency- Informal agreement with creditors- Creditors voluntary agreement (CVA)- Administration - Receivership - Compulsory winding up

(c) PSS is a limited liability company in UK and it deals with the manufacturing and sales of household equipment. The Company has advertised various positions in the Metro Newspaper for employment. Kane who is a UK citizen with his family has applied on line for the post of the Marketing director and likewise Kane’s wife applied for the same position.The company after interview offered the job to the husband claiming he is the bread winner of the house and beside men are more energetic and stronger than a woman.After 5 years, Kane was dismissed on ground that the Company is shutting its high level emission releasing plant which has caused serious pollution in the area and also PSS is cutting down its work force because it is not growing and the company is spending above its revenues.After 10 years of Kane’s dismissal, PSS leaked his personal details to certain organisations and individual .Kane also registered a company using PSS logo and symbol. Discuss the legal implications of the above scenarios.
Issues for identification, determination and discussions in scenarios
- Discrimination equality act 2010 [gender and sex]
- Environmental protection act 1990
- Redundancy
- Data protection act 1998
- Copyright, designs and patent act 1988
(d) Without prior consultation with employees PSS Ltd’ made it known at the beginning of February that all employees are to start compulsory overtime from the month of March. Apart from Daniel, a member of a trade union known as ‘Join us’, the decision was a welcome development for some of the employees. Daniel did not join other employees in doing the overtime and resigned with effect from 31st March. Daniel is now thinking of suing PSS Ltd on ‘CONSTRUCTIVE DISMISSAL’, he is now seeking your advice based on the Alternative Dispute Resolution, ‘ADR’ and types of ‘ADR’.
Explain Constructive dismissal and analyse the remedies available to Paul in law. Paul has the choice of the following remedies which are:
1. Trade union – Definition, scope, the advantages and disadvantages.
2. Citizen’s Advice Bureau – Definition, Scope, Advantages and Disadvantages.
3. Employment Tribunal - Procedure of making a claim in the Employment tribunal – claims, remedies and compensation

(e) Jazzy and Margaret are engaged, Jazzy decided to give Margaret a treat so they decided to have dinner in an Italian restaurant in the West end of London. Margaret placed an order for a red -wine, she had a sip of the red- wine unknown to her the red-wine had a decomposed snail, she developed a stomach upset which resulted in her suffering from diarrhoea. She now seek legal advice from you. Please advise Jazzy and Margaret on their Negligence claims citing relevant case law XXXXXXXXXXDefine Negligence
2. Essential elements or requirements of Negligence in law
3. Discuss how Negligence claims can be funded.
M3 Assess the positive and negative impacts of legal solutions to business problems.
For each of the solution given in the task above, assess the positive and negative impacts of the solution.You can explain the benefits and limitations of the advice given.

M4 based on the case of Donoghue v. Stevenson [1932] UKHL 100 recommend appropriate legal solution to the Parties engaged. Compare and contrast the effectiveness of these recommendations.

• Define employment law• Distinguishing Employee from Self – Employed• Control test – Walker v Crystal palace FC 1910• Integration test – Cassidy v Ministry of Health 1951• Multiple test -Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance1968• Mutuality obligation test-O’Kelly v Trust House Forte Plc 1983

Contract law

- Define Contract law- Explain Essential Elements of valid contract- Offer – Carlill vs Carbolic smoke ball -1983- Acceptance – Adams vs Lindell- 1818- Consideration- Intention to create legal relations- Privity of contract

This Task below meets evidence for Merit (M2)1. Differentiate and analyse the potential impacts of regulations, legislation and standards on businesses and organisations.
- Legislations – definition & explanation XXXXXXXXXXImpacts on businesses and organisation
- Regulations – definition & explanation XXXXXXXXXXImpacts on businesses and organisation
- Standards – definition & explanation XXXXXXXXXXImpacts on businesses and organisation

TASK 2
.
(a) Bruce is a sole trader in Liverpool. He registered as self-employed for National insurance and Tax purposes. Bruce is now considering incorporating the business as a Limited Liability Company.
Sole trader:• definition• advantages and disadvantages• definition of company• advantages and disadvantages• processes of registering or formation/incorporation of company• Legal advice – advice on whether to proceed with the incorporation or to remain as sole trader and give reason for your answers.

b) Timothy has been appointed as one of the board of directors of JVC Plc. He is wondering whether he would be entitled to any pay for his services and would like to know how JVC Plc should relate with its employees. Timothy is also wondering as to what will happen when JVC Plc starts struggling to survive.

PAppointment & Remuneration of Directors
- Definition of director- appointment of director- remuneration of director- Duties and obligations of employers and employees.- Insolvency Act 1986- insolvency and liquidation
InsolvencyDefinitions – company struggling or in debt.
Ways out of insolvency- Informal agreement with creditors- Creditors voluntary agreement (CVA)- Administration - Receivership - Compulsory winding up

(c) PSS is a limited liability company in UK and it deals with the manufacturing and sales of household equipment. The Company has advertised various positions in the Metro Newspaper for employment. Kane who is a UK citizen with his family has applied on line for the post of the Marketing director and likewise Kane’s wife applied for the same position.The company after interview offered the job to the husband claiming he is the bread winner of the house and beside men are more energetic and stronger than a woman.After 5 years, Kane was dismissed on ground that the Company is shutting its high level emission releasing plant which has caused serious pollution in the area and also PSS is cutting down its work force because it is not growing and the company is spending above its revenues.After 10 years of Kane’s dismissal, PSS leaked his personal details to certain organisations and individual .Kane also registered a company using PSS logo and symbol. Discuss the legal implications of the above scenarios.
Issues for identification, determination and discussions in scenarios
- Discrimination equality act 2010 [gender and sex]
- Environmental protection act 1990
- Redundancy
- Data protection act 1998
- Copyright, designs and patent act 1988
(d) Without prior consultation with employees PSS Ltd’ made it known at the beginning of February that all employees are to start compulsory overtime from the month of March. Apart from Daniel, a member of a trade union known as ‘Join us’, the decision was a welcome development for some of the employees. Daniel did not join other employees in doing the overtime and resigned with effect from 31st March. Daniel is now thinking of suing PSS Ltd on ‘CONSTRUCTIVE DISMISSAL’, he is now seeking your advice based on the Alternative Dispute Resolution, ‘ADR’ and types of ‘ADR’.
Explain Constructive dismissal and analyse the remedies available to Paul in law. Paul has the choice of the following remedies which are:
1. Trade union – Definition, scope, the advantages and disadvantages.
2. Citizen’s Advice Bureau – Definition, Scope, Advantages and Disadvantages.
3. Employment Tribunal - Procedure of making a claim in the Employment tribunal – claims, remedies and compensation

(e) Jazzy and Margaret are engaged, Jazzy decided to give Margaret a treat so they decided to have dinner in an Italian restaurant in the West end of London. Margaret placed an order for a red -wine, she had a sip of the red- wine unknown to her the red-wine had a decomposed snail, she developed a stomach upset which resulted in her suffering from diarrhoea. She now seek legal advice from you. Please advise Jazzy and Margaret on their Negligence claims citing relevant case law XXXXXXXXXXDefine Negligence
2. Essential elements or requirements of Negligence in law
3. Discuss how Negligence claims can be funded.
M3 Assess the positive and negative impacts of legal solutions to business problems.
For each of the solution given in the task above, assess the positive and negative impacts of the solution.You can explain the benefits and limitations of the advice given.

M4 based on the case of Donoghue v. Stevenson [1932] UKHL 100 recommend appropriate legal solution to the Parties engaged. Compare and contrast the effectiveness of these recommendations.

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Perla · Accepted Answer

Business Law
Running Head: Business Law
Title: Business Law
Student Name and Id
Course Name and Id
University Affiliation
Date of submission: 5/4/2019
Authors Note
The current report is presented as part of the requirements to complete the course work.
Introduction
TASK 1
(I ) Definition of Employee, Self-Employed and Employment Law:
                Article 9 of the employment law, which is an amendment to the European community law indicated a clear definition for employee. An employee is an individual who is obliged under a contract of employment to work under the direction and control of the another (the employer) in return for a wage or salary.  Employment law is the employer and employee relationship that will work for defining the individual contracts and the application of the other related contract doctrines and tort laws. Employment law while covering the legal relationship between employee and employer will relate itself to a large group of statutory regulations on range of issues such as the right to organize and regulate collective bargaining agreements. Typically protection from discriminations, wages and hours of work. Health and safety aspects are covered under employment law.  Self-Employment (Scholin et al., 2016, P.340)) can be considered as a sort of work that one will work for self, than for an employer. They will find their own work rather than being provided by an employer. Some of the most common channels for them to earn income will include running a business or trade. 
                    Significance: It is very much required to distinguish an employee from an independent contractor. Both of them will be operating in different set of operational frameworks. An employee who has been terminated can claim a remedy if it is wrongful dismissal or unfair dismissal. At the same time an employee is entitled for a range of protections like from a breach of contract, requirements of causation, remoteness as well as mitigation to be satisfied.  However still based on the case to case, they may be protected for unfair dismissal. In certain cases, there can certain minimum time period of continuous employment; typical remedy can be in the form of reinstatement, re-engagement of the employee or even in some cases, it can be just compensation. When an employee is protected by the employment law for all these unfair practices as well when is given remedy from the possible pitfalls in employment, an independent contractor is not entitled for all these privileges. 
Control test as in the case of the Walker Vs Crystal palace Football Club [1910) worked to distinguish and decide under which category of the contract the foot ball player is working for FC.  The control test is evolved to verify whether the employee is working on contract of service or contract for services. However later the court has ruled that he foot ball player is working on the contract of employment. This is due to the reason that the club possess control in terms of the training; discipline as well is also controlling the methods of the play of the employee. Cassidy v Ministry of Health [1951] is an another case where in the vicarious liabliliy of the defendant is emphasized in a case of tort by the servants employed by the defendant. The actual servant in this case is a doctor who victimized one of the patients by the tort law. Inorder to take decision over the compensation, the court worked on to test whether the person is a contracted employee or not, while defendant claimed that they have no control of the services of the doctor, the court ruled that the doctor was a legitimate employee of the organization. As he is recruited by the employer and deputed based on his skills and qualifications. Further he was not selected by patient; rather the hospital has done so. Control test of the vicarious responsibility is thus formulated based on the actual contract law that existing in this case. Multiple test -Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance [1968], has given new orientation to the employment contract. So far the testing stone for the employment as a contract of service or contract for services mainly is dependent on the control test. However in the Ready mixed concrete (South East) Ltd V Minister of Pensions and National Insurance [1968] case, the court ruled that the employment status is a subject of law. When there is dispute and conflict existing between the case as whether it is an employment or not, the court will rule and resolve the depute as it will be considered as a matter of law. Mutuality of obligation is another important aspect of the case O’Kelly V Trusthouse Forte Plc[1983], in that particular case it is considered that the court has to work on the mutuality of the obligation to be considered for employment contract. The cases was ruled by court that the defendants are not employees and will not be covered under the contract as they are not entitled for any formal contractual agreement by mutual obligation and they are not technically controlled for attending a shift as well they can be sacked at any time.
Contract Law
           Contract law is the law that govern the written and oral agreement of the transactions for goods and services exchange as well as the money and property exchange(Meyer,2018). A contract can be valid when essentially the law contains a set of features like there is an offer and acceptance, when there is a legal relationship between the parties involved, There is consensus ad idem, there is competency of parties, there is free consent, lawful consideration, lawful object, not declared to be void,  certainty and possibility of performance and legal formalities. Calill Vs Carbolic smoke ball case of 1983 is one such case, where in the contractual terms are accepted and binding by the legal statutory requirements as long as there is bilateral agreement and the clarity on the terms of the case, Further when they accepted the terms and agreements it should be bind over on part of the parties to the terms of the contract. This can be considered as first contract law case with acceptable terms and conditions for contract. Adams vs. Lindell- 1818 is a first contract case for the acceptance of the postal rule or acceptance of the offer case.  This focused light on a particular scenario of offer being accepted in the course of post.

• Define employment law• Distinguishing Employee from Self – Employed• Control test – Walker v Crystal palace FC 1910• Integration test – Cassidy v Ministry of Health 1951• Multiple test -Ready Mixed...

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