Question 01

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

A contract of service mean the between employer-employee relationship, including the terms and
conditions of employment. The contract must include key employment terms and essential clauses, such
as hours of work and job scope. There was two characteristic is an agreement there are, One person
agrees to employ another as an employee and The other person agrees to serve the employer as
an employee.

A contract for service mean independent contractor, such as a self-employed person or vendor,
is engaged for a fee to carry out an assignment or project

Contract of service Contract for service

Employee does business for the employer
Has an relationship between employer-
employee
Includes terms of employment such as leave
benefits, working hours.
The third party is not bound to obey the
instructions of the company
covered by the Employment Act
Contractor carries out business on their own
account
There was client-contractor type of
relationship
Statutory benefits do not apply
The employee is bound to obey the
instructions of the employer
Not covered by the Employment Act

Question 02

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

Answer

In this case there was a contract for service. There was a contract between company and
Cameron stated that he was an independent contractor. There was mentioned in this case
Cameron haven’t any benefit of the regular in his work pattern then its mean he not a permeate
employee in this Tartan PLC. “He is perfectly free to refuse offers of work from the company” It
will show Cameron independent.
Part 02

Question 01

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.

Fair Dismissal

 Employees of redundancies.
 To avoid contravening statute.
 Statutory restriction.
 Employee’s capability or qualification for the role.

Unfair Dismissal

 Health and safety Dismissals

 Dismissal on ground of race
 Dismissal on grounds of disability.
 Dismissal on grounds of pregnancy.

Question 02

Into which category would you place Claire’s dismissal? Explain your answer.

In this Claire’s dismissal case related employment rights act 1996 Claire has to right for the
claim of unfair dismissal under section 94 of Act. In this case council can dismiss the Claire
against poor because of it is a criminal offence which she was facing.
Part 3
Question 01
Identify and explain five characteristics that are protected by discrimination law.

Answer
Marital status: It means the status of being married, single, divorced the status of living with a
person in a relationship with outside party.
On the ground of gender or Sex: It’s mean in this discrimination low whether person is a man
or a woman.
On the ground of disability: A person has a disability if she or he has a physical impairment
which has a substantial and long-term adverse effect on that person's ability to carry out normal
his or her activities.
On the ground of gender reassignment: In this gender reassignment process transitioning
from one sex to another.
On the grounds of race: It refers to a group of people defined by their race, colour, and
nationality /citizenship ethnic or national origins.

Question 02
Answer
What is the difference between ‘direct’ and ‘indirect’ discrimination in employment and
illustrate each of these by giving one example.
Indirect discrimination
It means applying a policy or practice that that seems like seems like it applies to everyone
equality but actual does not, because the promotion of people from the affected group that can
comply is smaller than proportion of people not from that group who can comply.
Example for indirect discrimination:
 Dynamic and fun loving work required. (Indirect age discrimination).
 Candidate must be over six feet tall ( Indirect sex discrimination).
Direct Discrimination

Direct discrimination is where an employer treats someone, Ex- a woman or a member of a

particular ethnic group or someone of a particular religion, etc less favorably because of one of
the protected characteristics.
Example for indirect discrimination:
 This is man’s work (direct sex discrimination)
 People with disability need not apply (direct disability discrimination)