Employment law
Question
Adam Smith, employs James Clark as a Waiter for his Restaurant Business- “Good Food and Good Times ” . James has worked for Adam for 13 months but has not received a formal contract of employment. He is paid on a regular weekly basis and Adam pays tax and national insurance, but does not provide any of the clothing that James uses. Adam has also made it clear that the sector is dangerous and that if there are any injuries whilst at work there is no sick pay.
When you are advising James consider the following ?
Is he an Employee or worker ?
What rights does the law indicate that he has in relation to
when and how this should be communicated?
what are the duties that an employer to an employee ?
Where is the Law found which sets out James rights
Then plan your answer – so that you do not get the law or its application confused .
For each answer
What are the facts ?
What is the Law/ case law ?
Apply the law to the facts ?
