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

enjoyment contract constabulary - Coursework Example3. Mr. Tanton initially filed his complaint on September 9, 1997 before the Industrial homage Chairman, sitting alone. 4. The Supreme Court held that Mr. Tanton was freelance driver. His job was focused mainly on pick-up of newspapers and make deliveries to some(prenominal) addresses based on the instructions of Express and Echo Publications. In the Agreement of Services 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 impression that the he is unable or unwilling to suffice the services personally as required under such(prenominal) agreement, he shall arrange at his own expense entirely for another suitable 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 company that such a re lief driver is trained and is suitable to press the services. Therefore, the element of control on the part of the employer on the employee was not present since Mr. Tanton can well 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 fact that Mr. Tanton has the power to send his substitute intend that the contract of employment does not exist, making him self-employed contractor. 5. Express and Echo Publications Ltd. is only required to deem one driver to perform the functions of pick-up newspapers and deliver them at various points in Devon on a set(p) run in a particular order dictated by the company. In the exercise at bar, the reason for the termination of Mr. Tanton was due to redundancy. Hence, another person has already been performing the same functions done by Mr. Tanton which justified his dismissal from his position as a contractor. 6. Th e sources of English Law are subject law or common law, and legislation 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 arguing of law made by a judge in a case can become binding on later decide and can in this way become the law for everyone to follow, or otherwise known as the teaching of Precedent or Doctrine of Stare Decisis. Whether or not a particular pronouncement or precedent by a judge sitting in court when deciding a case does become binding on later judges depends on two main factors Firstly, he has to learn what pronouncements from earlier decisions are binding and Secondly, the judge must be able to determine whether any is applicable. Details of common law/ case law and legislation and statutory laws can be viewed at UL Law Online website which can be viewed at . The later judge should be able to say that the case before the court is distinguishable from the ear lier case. The applicable legislation or statutory law which is apply to derive in the decision of this case is the Employment Rights Act of 1996, particularly Section 230. The law provides a clear-cut definition of employee and contract of employment in order to justify its pronouncement that Mr. Tanton is a self-employed contractor. 7. The rationale behind the request of Mr. Tanton to demand from Express and Echo Publications Ltd. to give a written statement of particulars is to set out in written terms the terms of his employment, which defines his job