Employment law, security officer, self-employed, company, contractor, uniform, contract, restriction, manual deteiling, emergency, drop-in activity, redundancy, broken wrist, joke, behaviour, maintenance department, maintenance manager, student, unconscious, permanent damages, criminal prosecution, penalties, criminal offense, Health and Safety at Work Act 1974, accident, employer
1/ David has spent the last two decades working as a security officer for Big Gigs and Loud Sounds Ltd. His contract with Big Gigs and Loud Sounds Ltd expressly declares that he is ‘self-employed' and emphasizes at various points that the basis on which he receives his shifts to work for the company is as ‘a contractor'.
David's contract states that he must conduct his security officer role in person, and he is not to swap shifts with any other person, including those other security officers he works alongside at Big Gigs and Loud Sounds Ltd venues.
2/ There have been a number of incidents at the premises of Beta plc. In the first of these Danny, an employee, suffered a broken wrist when he was deliberately tripped up by Frank, another employee. Frank has a history of playing stupid practical jokes and has been warned several times that this behaviour must stop. However, despite these warnings, such behavior has continued.
Beta plc had instructed its maintenance department to clean and paint the inside of storage tanks. The Maintenance Manager sent two of his men, Sid and Terry, to carry out the task. He also told them to take along with Vince, a young student from the local Further Education College who was on a one-week placement with Beta plc.
[...] In the case studied, Sid, Terry and Vince fainted after using a substance that caused it. This happened at their workplace and as part of an action that had been ordered by the responsible for their department, who has received himself the order from their employer. Therefore, it is a work accident for which the employer can be held responsible since it is the carrying out of the order issued by the employer which prompted the employees to use the substances which caused their loss of consciousness. [...]
[...] It then appears to be an employment contract, which makes him an employee of the company. In conclusion, David is therefore an employee of the company Big Gigs and Loud Sounds Ltd and "self-employment" seems to be only an employment contract to which another name has been given, without resulting in a legal requalification. After the status of David has been determined, we have to detail his rights. The rights of David What are the rights of David according to his employment status and the situation? [...]
[...] The redundancy is therefore not legally valid because the employer did not respect the procedure. David can therefore assert his rights by contesting it in front of the competent court, which is an employment tribunal. Second practical case Statement of the practical case There have been a number of incidents at the premises of Beta plc. In the first of these Danny, an employee, suffered a broken wrist when he was deliberately tripped up by Frank, another employee. Frank has a history of playing stupid practical jokes and has been warned several times that this behaviour must stop. [...]
[...] Introduction After various incidents in the Beta plc company, Danny, an employee, broke his wrist after another employee, Frank, made him fall on purpose as a joke, as he often does. For those kinds of jokes, Frank has received admonitions multiple times. Despite these warnings, Frank continued to do so. Beta plc had asked its maintenance department to clean and paint the inside of storage tanks, which was carried out by two department employees, Sid and Terry, on the orders of their manager, as well as Vince, a student intern in the company. [...]
[...] According to this act, an employee is « an individual who has entered into or works under where the employment has ceased, worked under) a contract of employment ». In fact, this same act defines a contract of employment as « a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing ». The act gives another definition of a worker, which is « an individual who has entered into or works under where the employment has ceased, worked under) » a contract of employment, as previously defined, any other contract implied or expressed, oral or in writing, which makes an individual engaged to do or perform personally some work or services for the other party of this contract. [...]
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