Activity 2
You have completed your training at “Justice Solicitors” and have been fully employed in the firm as a legal adviser. Your first task is to critically review and evaluate the following legal cases using appropriate legal solutions in comparison with alternative legal advice.
(a) David is a sole trader in Liverpool. He registered as self-employed for National insurance and Tax purposes. David is now considering incorporating the business as a Limited Liability Company.
(b) Michael has been appointed as one of the Board of Directors of LSC Plc. Michael is wondering if he would be entitled to any pay for his services and would like to know how LSC Plc should relate this with its employees. Michael is also wondering as to what will happen when LSC Plc starts struggling to survive.
(c) LCS is a limited liability company in the UK, and it deals with the manufacturing and sales of household equipment. The Company has advertised various positions in the Metro Newspaper for recruitment. Jackson who is a UK citizen with his family has applied online for the post of the Marketing Director and likewise Jackson’s wife applied for the same position.
After having an interview, the company offered the job to the husband claiming he is the bread winner of the house and beside men are more energetic and stronger than woman. What are the legal implications of LCS action in terms of employment law?
After 5 years, Jackson was dismissed on ground that the company is shutting its high-level emission releasing plant which has caused serious pollution in the area and also LCS is cutting down its work force because it is not growing, and the company is spending above its revenues.
(d) After 10 years of Jackson’s dismissal, LCS leaked his personal details to certain organisations and individuals. Jackson also registered a company using LCS logo and symbol. Discuss the legal implications of the above scenarios.
The employees of ‘LCS Ltd’ were notified at the beginning of February that all employees are to work for compulsory overtime hours from March. However, no consultation was done with the employees prior to this notification.
Although the decision was happily accepted by some of the employees but Daniel, who is member of a Trade Union known as ‘Join Us’, did not agree to this. He therefore did not join other employees in carrying out overtime duties and resigned from his employment with effect from 31st of March. He is now thinking of suing ‘LCS Ltd’ on ‘CONSTRUCTIVE DISMISSAL’. He is now seeking your advice based on the Alternative Dispute Resolution (ADR) and different types of ‘ADR’.
For each of the above four cases you are required to:
- Suggest appropriate legal solutions for each case.
- Provide justifications for the use of appropriate legal solutions to the above cases.
- Assess the positive and negative impacts of legal solutions to the above business problems.
(e) Adam and Eve are engaged; Adam decided to give Eve a treat, so they decided to have dinner in an Italian restaurant in the West end of London. Eve placed an order for a Ginger beer, she had a sip of the Ginger beer, unknown to her the Ginger beer had a decomposed snail, she developed a stomach upset which resulted in her suffering from diarrhoea. She now seeks legal advice from you. Please advise Adam and Eve on their Negligence claims and answer the questions below.
i. Define Negligence
ii. Essential elements or requirements of Negligence in law citing relevant Case law.
iii. Discuss how Negligence claims can be funded.
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