outcome2 商务契约关系
case1 1If you are an employee, i.e. you sign a contract of Service; theoretically, you have
higher position than those who sign contract for services, which are independent contractors.
This is a hugely important distinction in UK employment law.
C of S : employee-employer relationship. If a worker has a C of S
with an organization, they are an employee. Employees must present themselves for work and cannot send someone else as a substitute. They also have statutory rights to holiday pay, sick pay and so on. They are not liable for any errors they make when completing work for their employer.
C FOR S; contractor-client relationship. The employer is generally
not liable for the vicarious acts of independent contractors.
Contractors have a contractor for service with their client or agency. Contractor is required to abide by any health and safety agreements when working on the client;s site. 2…Cameron under the contract fo
r service, because Cameron work for customer, give customer service , he is not an employer because he has not had the benefit of regular working patterns . 3…In term of state legal implication, the company needn’t reasonable
for Cameron, Because Cameron and the company are contract for service, there is no employment relationship. also Cameron is a independent contractor。Customer's injury due to his negligence. Therefore he is
responsible for fault。
Case 2 1. Fair dismissal : a. you employer clams you aren't capable of doing the job properly, or are unqualified to do it . b. There is serious problem , with you conduct as an employee. C.you make redundant following correct redundancy proceed ares. D. Employee could not continue to works in the position which he held without contravention of a duty.
Unfair dismissal :a Being a trade union member or taking part in
their activities..Exercising (or trying to exercise) a statutory employment protection right..Taking (or trying to take) some actions on health and safety grounds.Matters of pregnancy and maternity..Retail
or betting-shop workers refusing (or trying to refuse) to work on a Sunday (except in Scotland)..'Whistle-blowing' on a matter of public concern at work
2…Because the school that thought the teacher broke the law, the teacher should not touch drugs，
influence school reputation losses. Fair because he is a violation
of the law, unfair because he wasn't working period against the law  3…The teacher has the right to Sue the school of unfair dismissal, According to the law, sacking
staff to advance notice six months, the teacher had to work at
school one year. Case3 1Employers have the right to write a written statement to the employees. The written statement is not a contract. The written statement include your name, employee name, data of your stat
working, wages, detail working and leave and so on. If the employers change the statement, they must give notice within one month.
2 Sharon has the right to charge the company. Because the company isn’t have enough training exp
erience. Sam has an obligation to create a safe working environment. Shredders are dangerous goods. Consumer protection act 1987, employer’s liability(defective equipement) act 1969. 3.
The company can stop David close to his customers. Because it is a illegal behavior and break the law. Customers belong to the company, not belong to David. Sale by ERA 1996, He must compensate the company's losses.
4. the employer’s duty :
1) To pay wages
2) To provide work
3) To indemnity his employees
4) To treat employees with trust and respect
the employee’s duty
1) To provide personal service
2) To provide loyal service
3) The employee must not make secret profits.
4) Acts with honesty and integrity
Case4 1 sex, age marriage, belief, race
service fault, Jimmy suffers the age discrimination. Although age discrimination is became illegal. Unless
there is a council according to age discrimination to protect staff equality of opportunity. , Alison’s employer refuse or negligence for her work environment to create a reasonable
adjustment. So Alison suffers the Disability discrimination
, Owing to Carmen pregnant so that the council refused to give her work. Carmen has suffered
the sex discrimination
, Because of Bob’s complexion, he loses his job. Bob suffer discrimination by color. :Jimmy-age discrimination
Alison-Disability Discrimination Act 1995
Carmen-Sex Discrimination Act 1975
Bob-Race Relations Act 1976

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