16 Jun WHICH JUDICIAL BODY MAINLY DEALS WITH DISPUTES BETWEEN EMPLOYERS AND EMPLOYEES?
TUTORIAL 7
EMPLOYMENT LAW
AIMS AND OBJECTIVES
At the end of this tutorial you should be able to:
explain the role of Employment Tribunals and ACAS
understand the difference between a contract of service and a contract for services
explain the requirements of a contract of employment
apply legal principles of unfair dismissal to a scenario question
1. Which judicial body mainly deals with disputes between employers and employees?
2. What role does ACAS play in employment disputes?
3. Does a contract of employment have to be in writing?
4. What is meant by Written Particulars of Employment? When should they be received by the employee?
5. Identify three terms which you would expect to be expressly agreed in an employment contract.
6. What do you consider to be the two most important duties owed
a) by an employer to their employee and
b) by an employee to their employer.
7. Briefly outline the tests that are used by the courts to help them decide if someone is an employee or an independent contractor.
8. Jane was employed by Select Market Research as an interviewer on an occasional basis. A pool of interviewers was maintained by the firm. The firm rang up and asked Jane if she wanted to carry out some research. Jane did not have to accept the work but as Christmas was coming up she decided she would. Jane was given exact instructions as to what method she should use to carry out the research and when the work was to be completed. She could choose the hours she worked and she gave up her morning job.
Jane considers herself an employee. Do you agree? Give your reasons.
9. Simon is a young computer systems analyst who has worked for Focus Associates for over three years.
He is a highly competent and ambitious computer expert. Since joining the company he has been promoted twice. Over the last three months he has been the object of the attention of Ms Claire Bright his manager who thinks that Simon will be promoted above her. Ms Bright has called Simon into her office on numerous occasions over the last few weeks supposedly to chat about his career prospects with the company. One day Simon is very busy and when Ms Bright asks him to come and have a chat Simon says that he is too busy. Ms Bright becomes angry and tells him You could well regret this.
When Simon complained to Human Resources Manager Mike about Ms Brights conduct. Mike merely laughed at him. Two days later Simon was told that he was being moved from his current assignments to other work which was at a much lower grade than that which he was already doing. His current tasks were being taken over by someone with much less experience and seniority.
Simon wrote a letter to the managing director of the company stating that he believed he was being unfairly treated. A few weeks later he was told by Mike that his work was unsatisfactory and that he was being given one months notice.
Discuss what steps Simon must take if he wishes to bring a claim for unfair dismissal and if there are any grounds to justify his dismissal.
Test yourself try the MCQs on the Lucy Jones Introduction to Business Law site:
Chapter 13-14
TUTORIAL 8
THE BUSINESS NAME
THE SOLE TRADER/SOLE PRACTITIONER
AIMS & OBJECTIVES
At the end of this Tutorial you should be able to:
Appreciate the value of the goodwill of a business name
Explain the legal principles of the tort of passing off
Understand the main provisions of the relating to business names
Understand the role of the sole trader or practitioner in the business environment.
Explain the practicalities with which the sole trader or practitioner must comply.
Understand the effects of insolvency on the sole trader or practitioner.
1. What if any restrictions are there on the choice of business trading or practice name?
2. Paul Marks and Philip Spencer (both their real names) decide to establish a retail clothing business. They take premises print stationary engage advertising space etc. in the name of Marks and Spencer. Discuss any problems that might arise over their chosen name.
3. It is proposed that various businesses use the following names. Discuss the implications: Kirklees Building Supplies Princess Taxis The Scottish Insurance Trust Windsor Nursing Home The Dogs Breeding Association.
4. Identify the full implications of the expression unlimited liability and apply to the sole trader or practitioner.
5. Identify any steps or formalities that may be required before the sole trader or sole practitioner commences trading. Choose any trade or business in which you are interested e.g. solicitor accountant road haulage business restaurant computer programming travel agency and identify any particular requirements related to that trade or business.
6. Identify advantages and disadvantages of sole trade or practice.
TUTORIAL 9 PARTNERSHIP
AIMS AND OBJECTIVES
At the end of this Tutorial you should be able to:
Understand the role of partnership in the business environment.
Explain the provisions of the Partnership Act 1890 and the Limited Liability Partnerships Act 2000
Understand the relationship as between partners per se and partners and third parties.
Describe the effect of the dissolution of a partnership
1. Define a partnership. (Sections 1 and 2 of the Partnership Act 1890)
2. Are the following partnerships? Give reasons for your decisions.
a) The committee of Highfield Tennis Club.
b) Alf and his son Ben who take turns in driving Alfs van to deliver fruit and produce from a market garden to retailers.
c) Ronald and Kevin who hire an open top lorry in early December and go up to a Scottish forest from whence they return to Leeds with a load of Christmas trees. They park the lorry on a piece of waste-land and sell the trees from the lorry over the next two week-ends.
d) Elizabeth who runs clothes boutique and Frieda who has lent her 10000 to help her to expand.
e) Lorna and Robert who jointly own a block of flats rented out to tenants and share receipts and contribute jointly to outgoings.
3. Butler Fisher and Smith are a partnership of 35 equity (or general) partners and 5 salaried partners employing a further 45 staff.
a) The firm propose to change their name to Butlers. How can this be done?
b) The firm propose to ask Benedict an equity partner who is not pulling his weight to resign and failing his agreement to resign to expel him. Can this be done?
c) What is a salaried partner?
d) Would you advise the partners to form a limited liability partnership?
4. Joy and Joan together run a carpet-cleaning and house-cleaning business called Help at Home. Consider the following:
a) Joan agreed to clean Marys carpets for 150 on site. Joan attended to carry out the cleaning but left such a mess behind that Mary had to get in some other cleaners who charged her 100 to clean up. Joan has insufficient funds of her own to pay the 100.
b) Joy has discovered that Joan has been working for another cleaning business.
5. Charles retired as a partner form Adam and Co. 2 years ago. The firm has carried on business under the two remaining partners Adam and Bernard. Three months ago Adam and Bernard ordered new office equipment using old notepaper bearing the name of all 3 partners. The firm is unable to pay the supplier who is threatening to sue Charles for the amount owing.
Explain the legal position to Charles bearing in mind that as its name indicates Adam and Co. is an unlimited partnership
Test yourself try the MCQs on the Lucy Jones Introduction to Business Law site: Chapter 15
TUTORIAL 10 COMPANIES
AIMS AND OBJECTIVES
At the end of this Tutorial you should be able to:
Understand the role of incorporated companies in the business environment.
Explain the basic provisions of the Companies Act 2006.
Describe the powers of incorporated companies
Explain the role of directors.
Understand the effect of insolvency on companies.
1. How are public and private companies distinguished? What do you consider the main advantage and main disadvantage of being a public company?
2. What documents must be delivered to the Registrar of Companies to secure the registration of a new company?
3. Does being a shareholder of a company carry the same rights as a share in a partnership?
4. How does a company make decisions?
5. Ben Lionel and Sajida are directors of Enterprise Limited which has been set up to manufacture and sell computers. Fiona is the registered owner of 40% of the issued ordinary shares in Enterprise Ltd. Consider the following:
a) Lionel has been taking a taxi from the companys offices in the late afternoon to the nearby city for his own social and personal business. The taxi firm has now submitted a bill to the company. Ben and Sajida do not believe that the company should pay.
b) Fiona rings Ben to inform him that she feels the company needs a new image and has just engaged a marketing and design expert to design a new logo for the company at an all-inclusive fee of 12000. Ben replies that the company has a satisfactory logo already and will not meet the bill.
6. ABC Ltd is told by its accountant that it is insolvent with net liabilities of 10000. The directors decide to continue trading. Six months later ABC Ltd goes into insolvent liquidation with net liabilities of 50000. The directors believe that they are secure in view of the limited liability of ABC Ltd. Do you agree?
Test yourself try the MCQs on the Lucy Jones Introduction to Business Law site: Chapters 16-18
TUTORIAL 11 and 12 EXAM PRACTICE
AIMS AND OBJECTIVES
At the end of these Tutorials you should be able to:
Understand how to approach the final assessment
Preparation:
Using a previous years exam paper (see Unilearn under Module Documents / Exams) prepare answers to ALL the questions and be prepared to discuss your answers in the tutorial your tutor will NOT be giving you the answers unless there has been an attempt to answer them.
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COURSEWORK TITLE Contracts in Business 2014
COURSEWORK
2500words
Answer all questions. Each question is worth 25 marks
1. Arthur decides to sell his car and puts an advert in the Huddersfield Express in Mondays newspaper that reads For Sale. WV Golf Blue excellent condition recently serviced 10000 miles 5000 or nearest offer. Tel. 07774 555444 or call in at 1 Riverside Avenue Huddersfield.
On Monday he writes a letter to Sasha saying As you expressed an interest in buying my car I thought you would like to know that I am willing to sell it to you for 4500. Let me know by Thursday.
On Tuesday Sasha writes back saying Here is my cheque for 4500 She puts it in the post that night.
On Friday morning Sashas letter has still not arrived. Later that day Arthur receives a text message from Simon which reads Ill give you 5000 for the car. Ill pick it up tomorrow. Arthur replied OK.
1.Explain to Arthur with which party he will have a valid contract. Give full reasons with case law illustrations. (25 marks)
2. Explain with examples why goods should be of satisfactory quality and fit for purpose. (25 marks)
3. Explain with examples how terms are incorporated into a contract. (25 marks)
4. Explain with examples contractual remedies. (25 marks)
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