Law assignment

MikeGT

Question 1
CASE STUDY
Tom a qualified engineer has been a salaried employee under a contract of service with Celtic Construction & Co. Ltd., a firm of civil engineers for the last 10 years. He has received his salary with income tax deducted at source on a PAYE basis. He has not shared in the profits of the firm.
Tom now wishes to change the basis of his working relationship with the firm. He wishes to continue to work for the firm but under a contract for services under which he will be employed (work) as a self-employed consultant.
He will be required to carry out substantially the same kind of work he was doing while an employee and to continue with the same working hours. The firm wishes to include a term in the contract with Tom that will require him to obey all reasonable orders. The firm also wishes to introduce a clause into Tom's contract to prevent him from acting a consultant to any other firm of civil engineering. The firm will continue to provide Tom with an office computer to assist him in his work.
Required
I. Explain the ways in which the courts distinguish between contracts of service and contracts for services in current employment law.
2. In the light of the above information, assess the likely reaction of the courts towards the new working arrangements being proposed between Tom and Celtic Construction and Co. Ltd.
Refer to case law to support your answers.
Question 2
Bobby has recently obtained a job as a lorry driver and at the time he was engaged he was told that he would be employed on the 'usual terms'.
Required
Advise Bobby where he may ascertain what these terms are and in what way he is protected by statute with regard to them.
Refer to statute law to support your answer


Can someone help me with this!!No clue how to do it!

Procrastastudy

MikeGT wrote: »

Question 1
CASE STUDY
Tom a qualified engineer has been a salaried employee under a contract of service with Celtic Construction & Co. Ltd., a firm of civil engineers for the last 10 years. He has received his salary with income tax deducted at source on a PAYE basis. He has not shared in the profits of the firm.
Tom now wishes to change the basis of his working relationship with the firm. He wishes to continue to work for the firm but under a contract for services under which he will be employed (work) as a self-employed consultant.
He will be required to carry out substantially the same kind of work he was doing while an employee and to continue with the same working hours. The firm wishes to include a term in the contract with Tom that will require him to obey all reasonable orders. The firm also wishes to introduce a clause into Tom's contract to prevent him from acting a consultant to any other firm of civil engineering. The firm will continue to provide Tom with an office computer to assist him in his work.
Required
I. Explain the ways in which the courts distinguish between contracts of service and contracts for services in current employment law.
2. In the light of the above information, assess the likely reaction of the courts towards the new working arrangements being proposed between Tom and Celtic Construction and Co. Ltd.
Refer to case law to support your answers.
Question 2
Bobby has recently obtained a job as a lorry driver and at the time he was engaged he was told that he would be employed on the 'usual terms'.
Required
Advise Bobby where he may ascertain what these terms are and in what way he is protected by statute with regard to them.
Refer to statute law to support your answer


Can someone help me with this!!No clue how to do it!

So it begins for another year. Welcome to boards.ie OP. Try not to be to upset by what happens next.

Make sure you are attending all your lectures. This is an absolute minimum if you are falling behind. You lecturers will be more willing to help you if you're 'about'.

The Library is your laboratory. More time needing to be spent there.

Speak to your lecturers and get some guidance sooner rather than later.

Above all don't panic - you can probably get a start easier than you think. I assume you are first year?

The references to case law in one regard and statute law in another is a dead give away to where you should be looking in your notes. Use westlaw.ie for consolidated legislation to keep you right if the amendments are a bit of a mess.

XxMCRxBabyxX

Right so for question 1 you need to explain the ways in which the courts distinguish between contracts of service and contracts for services in current employment law and then assess the likely reaction of the courts towards the new working arrangements being proposed between Tom and Celtic Construction and Co. Ltd using case law. For question 2 I'd advise Bobby where he may ascertain what these terms are and in what way he is protected by statute with regard to them by referring to statute law.

Tom Young

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