Employment contract law Coursework Example | Topics and Well Written Essays - 1000 words - 1

Employment contract law - Coursework ExampleIn the Agreement of service signed by Mr. Tanton, particularly, Clause 3.3, negates the existence of an employer-employee relationship due to the existence of the provision to the effect that In the event that the he is unable or grudging to achieve the services personally as required under such agreement, he shall arrange at his own expense entirely for another fitting person to perform the services. In addition, paragraph 13 of the schedule, stated that In the event that the contractor provides a relief driver, the contractor must satisfy the partnership that such a relief driver is trained and is suitable to undertake the services. Therefore, the element of control on the part of the employer on the employee was not relegate since Mr. Tanton can easily find his own replacement or substitute, who shall take his place to render the service in the event that he is unable to perform his personal obligation to the employer. Hence, the fa ct that Mr. Tanton has the power to send his substitute means that the contract of employment does not exist, making him self-employed contractor.5. Express and Echo Publications Ltd. is entirely required to retain one driver to perform the functions of pick-up newspapers and deliver them at various points in Devon on a fixed run in a particular order dictated by the company. In the case at bar, the reason for the termination of Mr. Tanton was due to redundancy. Hence, another person has already been performing the very(prenominal) functions done by Mr. Tanton which justified his dismissal from his position as a contractor.6. The sources of English Law are case law or common law, and edict or statutory laws. In the case at bar, several cases where cited which served as precedent to justify the decision rendered by the justices, where, a statement of law make by a judge in a case can become binding on later judges and can in this mien become the law for everyone to follow, or oth erwise known as the Doctrine of Precedent