Reference no: EM133195026 , Length: word count:1200
Learning outcome 1: Explain the legal structures and principles of law:
Learning outcome 2: Explain and apply the laws relating to employment and treatment of employees.
Thinking skills
2. Identify and analyse legal problems and issues that arise
3. Apply appropriate legal principles to the facts and suggest courses of action.
Subject-based practical skills
4. Express a range of ideas using appropriate written English, demonstrating understanding of academic writing conventions and styles to explain legislation and apply legal principles;
5. Identify, access, and collate evidence from university and external sources, including textbooks and articles. Use accurate and appropriate referencing of sources in producing an essay;
Skills for life and work (general skills)
6. Use of analytical skills to produce a clear and reasoned explanation using word processing.
You are required to write a report addressing the requirement listed below. The report should have an introduction, a main body and a conclusion.
Details of the task
Case Scenario:
Mr Fuller worked at JB Construction Ltd as a full-time plumber. Due to various issues he faced during his employment, he resigned from his post in September 2021 and claimed constructive dismissal. His claim was successful and he was awarded a sum of £10,000.
On the 2nd of October 2021, Mr Fuller saw a Vauxhall car on sale in a car dealership. He was impressed with the description of the car, which stated: ‘Drive in style with four brand new wheels at an affordable price you would not want to miss - only £3,000!' The registration plate was D20 3BT and Mr Fuller assumed that it was a 2020 model so he agreed to purchase the car. On the 30th of November 2021, he met up with some friends and they had a debate as to whether or not his car had a private registration plate. Later that day, Mr Fuller checked his sales invoice and realised that the car was actually a 2010 model with a private registration plate. The sales invoice also stated that all sales are final unless the car develops a fault within the first month of sale. Mr Fuller was rather unhappy and decided that he will return the car to get his money back since he was deceived into buying the car.
On the 1st of December 2021 Mr Fuller contracted Tony, a local handyman, to do some renovation work on his bathroom. Tony agreed to a fee of £2,000 and promised to have the work completed by December 31st. Mr Fuller purchased all the material need for the job and paid Tony £1,000 in advance. They both agreed for the remaining £1,000 to be paid once the job has been completed. After spending one week on the job, Tony demanded another payment of £500. Mr Fuller refused his request based on their previous agreement. Tony was upset and did not return to complete the work. Mr Fuller also noticed that Tony had taken some of the material that he bought. He was very annoyed and wants to take Tony to court to recover his £1,000 and the stolen material since all attempts to contact him on his mobile phone have been futile.
On the 1st of February 2022, Mr Fuller realised that he has only £2,500 remaining from his dismissal pay out and thinks it is time to return to work. He has always worked as an employee and wondered whether it was time to set up his own plumbing business to avoid future problems at work.
Requirement:
Mr Fuller has approached you for some legal advice. Write a report outlining the following:
• The legal position of Mr Fuller with regards to getting a refund for his car
• The legal position of Mr Fuller with regards to claiming the £1,000 paid to Tony as well as recovering the stolen material
• Outline the difference between an employee and a self-employed
• Outline the various documents that Mr Fuller would need to submit before receiving a certificate of incorporation for his new business.
Explain the above with reference to the English legal system, decided and recorded law Case studies.
Attachment:- Business Law.rar