Question 1
What is the difference between a contract of rvice and a contract for rvices?
1.a contract of rvice：an employee with an employment contract
a contract for rvices: an independent contractor, who provides rvices to clients
2. 区别：employee享有更多权利，得到更多法律保护，包括statement of contract, reasonable notice, against unfair dismissal, maternity leave等。
⏹ Question 2
With reference to Question 1 above, what kind of contract does Cameron have withTartan Transport PLC?
1. A contract for rvices. (an independent contractor)
2. 举一个案例
☐ Ready Mixed Concrete (South East) Ltd v Minister of Pensions [1968]
☐ Hall v Lorimer [1992]
☐ MacFarlane v Glasgow City Council [2001]
☐ MacFarlane v Glasgow City Council [2001]
案情：Mrs MacFarlane and Mrs Skivington had previously worked as gymnastic instructors for Glasgow City Council on a casual basis when in 1992 the Council attempted to regulari the relationship by nding them a document tting out their terms of engagement. Both declined to sign the document. In 1998, Mrs M and Mrs S claimed unfair dismissal.
结论：It is held that just becau a gymnastic instructor could arrange a replacement from a register maintained by the council, if she was unable to attend, did not mean she could not be an employee
⏹ Question 3
⏹ Will the company be liable to the pasngers for the injuries caud by Cameron’s negligence?
1. 公司不承担责任
2. 原因：Vicarious liability是雇主（ employer ）对雇员（ employee ）工作中的行为承担责任，案中的Cameron是independent contractor，不是employee
3. 介绍以下案例
Mery Docks and Harbour Board v Coggins & Griffith (Liverpool) Ltd [1947]
4. 只有两种情况下Hirer of independent contractor需要承担责任
A) 他明知此人（contractor）没有能力做这样的工作
B) Contractor 是按照hirer的具体指示做的
Mery Docks & Harbour Board v. Coggins & Griffiths (Liverpool) Ltd
案情：Coggins and Griffiths hired a crane and driver from the Mery Docks and Harbour Board. the driver, Mr Newall, drove the crane negligently and trapped Mr Mcfarlane injuring him. The contract between the Board and the hirers stated that the driver was to become their employee for the duration of the hire. The question was whether the Board were liable to Mr Mcfarlane as Mr Newalls principal employers or whether the hirers now bore responsibility. It was held as a fact that the hirers had power to control what Mr Newall lifted with the crane but not how he lifted it.
判决：Control over Mr Newall's work had not pasd to the hirers. It is not to be held that control had readily pasd. Only if there is control over what work the person does and how he does it will control be held to pass. The trial judge awarded damages against the appellants.
⏹ Question 1
List four situations in which a dismissal by an employer will be regarded as a fair dismissal and list four situations where a dismissal by an employer will be regarded as au
tomatically unfair.
1. 合理的解雇理由包括（fair reasons）
(a) relates to the capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do, .
(b) relates to the conduct of the employee
(c) the employee was redundant
(d) the employee could not continue to work in the position which he held without contravention of a duty or restriction impod by or under an enactment.
2. 不合理的解雇理由（unfair reasons）（列举4个）
⏹ Dismissal on the grounds of pregnancy
⏹ Dismissal on the grounds of race
⏹ Dismissal on the grounds of disability
⏹ Health and safety dismissals
⏹ Dismissal for refusal to work on a Sunday
⏹ Dismissal on the grounds of xual orientation
⏹ Dismissal on the grounds of religion or belief
⏹ Dismissal for asrting a statutory right
⏹ Dismissals while the employee is taking part in industrial action
⏹ Transfer of an undertaking
Question 2
⏹ What reason do you think the Council gave to justify Clare’s dismissal?
⏹ 根据Section 98 of the Employment Rights Act 1996， （b）项，由于employee的不良行为（misconduct）导致解雇，既包括工作中的行为，也包括工作之外的行为。Clare在工作之外存在不良行为。
⏹ 给一个相关案例
♦ H B Raylor v McArdle EAT 573/84
♦ McLean v McLane Ltd EAT 682/96
♦ Pay v Lancashire Probation Service [2003] EAT/1224/02/LA
⏹ 案例1
In H B Raylor & Co Limited v McCardle 31.7.85 EAT 573/84 a scaffolder with 17 years rvice was en by a site office reprentative returning to the building site "legless" in breach of very strict company rules. He claimed that he intended only to pick up his tools. The Employment Appeal Tribunal, reversing the decision of the Industrial Tribunal, upheld the dismissal. The reputation of the employer was regarded as a factor of importance.
⏹ Question 3
⏹ Will Clare be entitled to bring a claim of unfair dismissal against the Council and what are the chances of such a claim being successful?
1. 根据Section 92 of the Employment Rights Act 1996，雇员连续工作满一年以上的，可以对解雇的合理性提起诉讼，Clare工作满一年，有权起诉。
2. Clare胜诉的机会不大。因为她有刑事犯罪行为（criminal offence），性质严重。而且她的工作是中学老师，会对学生产生不良影响。学校有充分的理由根据Section 98 of the Employment Rights Act 1996解雇她。
⏹ Question 1
⏹ Does the employer have a duty to issue a written contract of employment to an employee?
1. employer没有义务一定要给员工书面劳动合同（ a written contract of employment ）
2.但是根据Section 1 of the Employment Rights 1996，employer必须在员工开始工作之日起两个月内，给员工一份written statement。 written statement不是劳工合同（强调这一点），其内容包括双方姓名、工作时间、工资、工作期限、休假权利等。这些内容如果有变动，也需要在变动后的两个月内，以书面形式发给员工。
⏹ Question 2
⏹ Does Sharon have the right to sue the factory for the injuries that she suffered?
