Case study and Virtual Negotiation between Law Firms for solving the Essay

Case study and Virtual Negotiation between Law Firms for solving the issues - Essay Example This suggests that the Mary was not technically an employee of the charity as she was responsible for the payment of her national insurance and income tax. It is also however, important to note that just paying the national insurance and income tax by the employee does not automatically term the employee as the self employed. This also depends upon who decides the work and what are the terms and conditions of the contract and some other factors.2 One of the key contractual issues arising out of this case therefore would be to make a decision on determining the employment of the employee and her contractual relationship with the employer. This is probably the key element in the case. Length of the Contract and legal status of employment Document D01 outlines that the contract for employment was from September to July which totals to one year of services with the current employer i.e. You Can. According to document D08B, Mary has in fact accepted the offer to renew her contract and as such both the employer and the employee are in contractual agreement to honor each other’s commitment. ... conditions mentioned in document D1 therefore You Can may significant legal challenge in this regard. As such, You Can made an offer to renew the contract of Mary which was duly accepted and therefore is binding on You Can to honor different conditions and obligations stipulated in the contract. You Can also failed to properly terminate the contract despite the fact that a Marry clearly indicated her intentions to take a break from teaching during the session. This should therefore be viewed from the perspective of forming a contract between two parties and legal obligations arising under the contract. There are different conditions under which the overall status of the employment of a person is decided as to whether a person is a self employed or an employee. Most importantly, it is critical to assess as to who directs the work under the circumstances and how the employee is paid. It is important to note that You Can actually directs the work however, Mary is not paid regularly as s he is only contracted to do a part time job of once a week. Accordingly, first condition may entitle Mary as a employee of the charity however, since she is not paid regularly therefore she may not claim that she is an employees. It is also important to note that rights given to en employee under the contract are always in addition of the rights given under the law of the land. As such rights such as paid holidays etc should also be given to the employees and employers are obliged to complete this condition. However, it is important to note that contract in DO1 clearly outlines that Mary may not be entitled to some entitlements under the contract which may be in direct conflict with