Business Law
Order Description
Only Laws and regulations in the UK.
Part 1 Question 1
‘There is no proper definition of what is an employee. In order to decide if someone is an employee, there are a number of tests that have been applied over the years by the courts, and which look at the nature of the relationship between the supposed employee and employer.’ Introduction to Business Law; L. Jones; 2015
With particular reference to atypical employment such as zero hour contracts, evaluate how courts and tribunals determine the employment status of staff in the UK. Explain why business owners need to be aware of these distinctions
Part 2 Question 2
Answer the following case study
Robert, who is a sales executive, wishes to purchase a new briefcase to fit his corporate image. So on a trip to Chester he went to a bespoke leather accessory shop and was shown a number of briefcases by the sales assistant. After much thought Robert finally chose a particular case which was priced at £500, but when he offered to pay for it he was told that this case was from the window display and that the sales assistant would get an identical case from the stockroom. This case was already boxed and Robert paid for it without inspection.
Upon arrival at his flat Robert opened the box and inspected his new case. He was disappointed to notice that the quality was inferior to the case he had inspected in the shop. The leather was slightly scuffed and dull, the locks were not made of brass and the stitching was loose at the base. One week later he took the case back to the shop and asked for a full refund. The sales assistant pointed to a notice at the counter which stated ‘All purchases can be refunded within 5 days’ and refused to offer Robert a refund.
Robert has another problem – some months ago he decided to renovate his kitchen he needed a new front door fitted and a new kitchen to be installed. He contacted 3 companies to provide estimates for the job. The most reasonable was for £8,000 submitted by Rightfit Ltd, who were then asked to do the work. Robert signed a contract with the company, but it did not mention the cost of the work, nor how long it would take to complete.
The workmen from Rightfit started the work in June, but it proceeded very slowly and was finally completed in November. Whilst Robert was happy about the quality of the kitchen itself, he was very unhappy about its installation – the cupboards fitted badly, work surfaces were uneven and the new front door leaked rainwater. He has also received a bill from Rightfit Ltd for £15,000.
Advise Robert as to his rights under the Consumer Rights Act 2015.
In this assignment can you use some up-to-date case law to back up the key points that are made as well as other sources of information. Some original arguments are developed and justified. Some capacity for critical thinking is evidenced.
The answers are nicely-structured and professionally presented. The writing style is clear and concise and Demonstrates good, solid understanding of the major legal issues that are raised in the assessment. Covers most relevant issues fully. Demonstrates some familiarity and understanding of contemporary developments in employment law which have relevance to the assessment.
