Gem Ltd has a number of different types of worker that perform services for it.

The 'professionals' are highly skilled individuals who perform services for clients of Gem Ltd at a range of different locations owned by the company. Clients have the right to choose which professional they see and at what time.

The 'techies' are skilled technical workers that develop and maintain Gem Ltd's information systems. They are not told what work needs to be done, but are expected to identify and solve problems that arise. The order in which jobs are done and how the jobs are done is a decision for each 'techie'.

The 'mechanics' are skilled workers who maintain the fleet of Gem Ltd's company vehicles. They are provided with the tools they need to do their job and are provided with a list of work that needs doing each day.

The 'temps' are unskilled workers who perform a variety of administration roles within the company. All 'temps' are hired on temporary contracts up to six months in duration. They must attend work at a specific office and are required perform tasks as directed by a manager.

REQUIREMENT

Which TWO of the following are consequences of being an employee rather than an independent contractor?

Gem Ltd has a number of different types of worker that perform services for it.

The 'professionals' are highly skilled individuals who perform services for clients of Gem Ltd at a range of different locations owned by the company. Clients have the right to choose which professional they see and at what time.

The 'techies' are skilled technical workers that develop and maintain Gem Ltd's information systems. They are not told what work needs to be done, but are expected to identify and solve problems that arise. The order in which jobs are done and how the jobs are done is a decision for each 'techie'.

The 'mechanics' are skilled workers who maintain the fleet of Gem Ltd's company vehicles. They are provided with the tools they need to do their job and are provided with a list of work that needs doing each day.

The 'temps' are unskilled workers who perform a variety of administration roles within the company. All 'temps' are hired on temporary contracts up to six months in duration. They must attend work at a specific office and are required perform tasks as directed by a manager.

REQUIREMENT

Which of the following parties are employees contractors?

Gem Ltd has a number of different types of worker that perform services for it.

The 'professionals' are highly skilled individuals who perform services for clients of Gem Ltd at a range of different locations owned by the company. Clients have the right to choose which professional they see and at what time.

The 'techies' are skilled technical workers that develop and maintain Gem Ltd's information systems. They are not told what work needs to be done, but are expected to identify and solve problems that arise. The order in which jobs are done and how the jobs are done is a decision for each 'techie'.

The 'mechanics' are skilled workers who maintain the fleet of Gem Ltd's company vehicles. They are provided with the tools they need to do their job and are provided with a list of work that needs doing each day.

The 'temps' are unskilled workers who perform a variety of administration roles within the company. All 'temps' are hired on temporary contracts up to six months in duration. They must attend work at a specific office and are required perform tasks as directed by a manager.

REQUIREMENT

Which of the following parties are independent contractors?

Fine Ltd specialises in providing software to the financial services industry. It has two offices, one in Edinburgh and the other, its main office, in London. In January 20X3, Gus was employed as a software designer attached to the Edinburgh office. However, in May 20X4, Gus was informed that he was to be transferred to the head office in London, which is more than 350 miles from his usual workplace.

Gus refused to accept the transfer on the basis that he had been employed to work in Edinburgh not London. Consequently, on 1 June 20X4 he wrote to Fine Ltd terminating his contract with them.

REQUIREMENT

Which TWO of the following must be proved in order for a claim of constructive dismissal to succeed?

Fine Ltd specialises in providing software to the financial services industry. It has two offices, one in Edinburgh and the other, its main office, in London. In January 20X3, Gus was employed as a software designer attached to the Edinburgh office. However, in May 20X4, Gus was informed that he was to be transferred to the head office in London, which is more than 350 miles from his usual workplace.

Gus refused to accept the transfer on the basis that he had been employed to work in Edinburgh not London. Consequently, on 1 June 20X4 he wrote to Fine Ltd terminating his contract with them.

REQUIREMENT

Which Two of the following statements concerning Gus are True?

Fawn Ltd manufactures clothes and sells them through its own retail shop. Grace, who is 33 years old, has been employed by Fawn Ltd for three years as manager of the shop. Grace has just been told that her services are no longer required, as Fawn Ltd has decided to close its store and concentrate solely on manufacturing.

REQUIREMENT

Which of the following statements concerning Grace is correct?

Fawn Ltd manufactures clothes and sells them through its own retail shop. Grace, who is 33 years old, has been employed by Fawn Ltd for three years as manager of the shop. Grace has just been told that her services are no longer required, as Fawn Ltd has decided to close its store and concentrate solely on manufacturing.

REQUIREMENT

If Fawn Ltd decides to offer Grace alternative employment, which of the following TWO statements are correct?

Fawn Ltd manufactures clothes and sells them through its own retail shop. Grace, who is 33 years old, has been employed by Fawn Ltd for three years as manager of the shop. Grace has just been told that her services are no longer required, as Fawn Ltd has decided to close its store and concentrate solely on manufacturing.

REQUIREMENT

If Grace does not accept an offer of alternative employment, which of the following statements is correct?

Dan operated a business for many years. Until recently, Eve and Fred both worked for Dan and were described as self-employed and paid tax as self-employed persons. Dan provided all of the computer equipment and software they needed to perform their jobs. Eve was required to work solely on the projects Dan provided, and she had to attend Dan's premises every day from 9am until 5pm.

Fred usually worked at home and was allowed to work on other projects. Fred could even arrange for his work for Dan to be done by someone else if he was too busy to do it personally.

After three years of employment, and as a result of a downturn in his business sector, Dan has told Eve and Fred that there will be no more work for them and that they will not receive any further payment or compensation from him for their loss of work.

REQUIREMENT

Which TWO of the following are tests used by the court when deciding if an individual is employed or self-employed?

Dan operated a business for many years. Until recently, Eve and Fred both worked for Dan and were described as self-employed and paid tax as self-employed persons. Dan provided all of the computer equipment and software they needed to perform their jobs. Eve was required to work solely on the projects Dan provided, and she had to attend Dan's premises every day from 9am until 5pm.

Fred usually worked at home and was allowed to work on other projects. Fred could even arrange for his work for Dan to be done by someone else if he was too busy to do it personally.

After three years of employment, and as a result of a downturn in his business sector, Dan has told Eve and Fred that there will be no more work for them and that they will not receive any further payment or compensation from him for their loss of work.

REQUIREMENT

Are Fred and Eve entitled to any compensation for the loss of their jobs?

Impact College Ltd provides private tuition. The college is managed by Jack, who also has responsibility for personnel matters. Fred, Gale, Hannah and Igor are lecturers currently employed by Impact College Ltd.

Fred has been employed as the staff trade union representative for the past three years and has had several confrontations with Jack as to the working conditions of the college's employees. Gale has been off work twice in the past four years on maternity leave, and to Jack's stated annoyance, is pregnant once again.

Hannah was hired a year ago but has annoyed Jack by frequently bringing health and safety issues to his attention. Igor has been employed on a two-year fixed-term contract which is about to end and will not be renewed because Impact College no longer requires an employee with his skills.

It has transpired that Fred, Gale, and Hannah are among ten members of staff selected for dismissal by the college and they have evidence that Jack has pursued a personal vendetta against them.

REQUIREMENT

Which TWO of the following are fair reasons for an employer dismissing an employee?

Impact College Ltd provides private tuition. The college is managed by Jack, who also has responsibility for personnel matters. Fred, Gale, Hannah and Igor are lecturers currently employed by Impact College Ltd.

Fred has been employed as the staff trade union representative for the past three years and has had several confrontations with Jack as to the working conditions of the college's employees. Gale has been off work twice in the past four years on maternity leave, and to Jack's stated annoyance, is pregnant once again.

Hannah was hired a year ago but has annoyed Jack by frequently bringing health and safety issues to his attention. Igor has been employed on a two-year fixed-term contract which is about to end and will not be renewed because Impact College no longer requires an employee with his skills.

It has transpired that Fred, Gale, and Hannah are among ten members of staff selected for dismissal by the college and they have evidence that Jack has pursued a personal vendetta against them.

REQUIREMENT

Which of the following parties have a valid claim to have been unfairly dismissed?

Impact College Ltd provides private tuition. The college is managed by Jack, who also has responsibility for personnel matters. Fred, Gale, Hannah and Igor are lecturers currently employed by Impact College Ltd.

Fred has been employed as the staff trade union representative for the past three years and has had several confrontations with Jack as to the working conditions of the college's employees. Gale has been off work twice in the past four years on maternity leave, and to Jack's stated annoyance, is pregnant once again.

Hannah was hired a year ago but has annoyed Jack by frequently bringing health and safety issues to his attention. Igor has been employed on a two-year fixed-term contract which is about to end and will not be renewed because Impact College no longer requires an employee with his skills.

It has transpired that Fred, Gale, and Hannah are among ten members of staff selected for dismissal by the college and they have evidence that Jack has pursued a personal vendetta against them.

REQUIREMENT

Which of the following parties have a valid claim to have been fairly dismissed?