Reference no: EM133049794

HP6X 47 Business Contractual Relationships - Scottish Qualifications Authority

Assessment - Case study

- Identify the key elements of a contract of employment and explain, giving an example, the circumstances under which an employment contract may lawfully be terminated.
- Explain the key principles of unfair dismissal.
- Identify and explain, giving an example of each, direct and indirect discrimination in employment.

ASSESSMENT TASK

Read the following carefully and answer all of the questions asked.

Part 1
Tartan Transport PLC is an expanding bus company. Business has been so good that Tartan Transport PLC has had no option but to take on a number of new drivers to cope with demand for its services. Cameron was one of the new drivers given work by the company. The company has a dress code for all drivers with which Cameron is expected to comply. Since his involvement with the company, which began over the last year, Cameron has not had the benefit of regular working patterns. On the other hand, however, he is perfectly free to refuse offers of work from the company and there is nothing in his arrangement with Tartan Transport PLC which prevents him from working for any other company or business. Cameron continues to use his own accountant to calculate the income tax owed from all the various jobs that he is doing. From time to time, Cameron will accept jobs from Tartan Transport PLC, but he will send his sister, Rona, a qualified bus driver, in his place should he be unavailable for driving duties. The company is perfectly happy with this arrangement.

Question 1 What is the difference between a contract of service and a contract for services?

Question 2 With reference to question 1 above, what kind of contract does Cameron have with Tartan PLC? Give reasons for your answer.

Part 2

Clare is a maths teacher who has been employed for just over a year at a local secondary school. A month ago, she had to appear at the Sheriff Court on charges of being in possession of a small amount of cannabis which she claimed was for personal use only. The police had arrested Clare on a Saturday evening earlier in the year when she purchased the cannabis in a nightclub from a well-known drug dealer who was under police surveillance. At her trial, Clare pleaded guilty as charged to the possession charge and the Sheriff imposed a fine.

A reporter from the local paper also happened to be in the court that day when sentence was passed. The following evening, a large article appeared on the front page of the paper with the headline, ‘Local secondary teacher in drug shame'. When she arrived at school the next day, Clare was informed by the Head Teacher that she was to be suspended from her post on the instructions of the Council pending disciplinary action.

All internAll internal disciplinary procedures (including an appeal) have now been complied with and Clare has received a letter from the Council informing her of its decision to dismiss her from employment.

Question 1 List four situations in which a dismissal can be regarded as a fair dismissal and four situations where a dismissal by an employer will be regarded as automatically unfair.

Question 2 Into which category would you place Claire's dismissal? Explain your answer.

Part 3

1. Identify and explain five characteristics that are protected by discrimination law.

2. What is the difference between ‘direct' and ‘indirect' discrimination in employment and illustrate each of these by giving one example.

Attachment:- Business Contractual Relationships.rar