Essay Unit 14 - Aspects of Employment Law BTEC Level 3 National Business Student Book 1
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Unit 14 - Aspects of Employment Law
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PEARSON (PEARSON)
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BTEC Level 3 National Business Student Book 2
This documents lists Laws that are related to contract of employment as well as I have identified the difference between contracts of employment and contracts for service.
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Unit 14 - Aspects of Employment Law
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Temple Royer-Martin
P3
Identify the difference between contracts of employment and contracts for service.
Contract of employment is an agreement between the two parties and an employee works
for an employer. An example of an individual who may have a contract of employment is a
sales manager at topshop.
On the other hand, a contract for service is different as it is usually used when an individual
is self employed and they receive payment after their service is completed. For example, a
plumber may have a contract for service, therefore they will only get paid for the amount of
tasks that they have completed within the day. This means, those who have a contract for
service, their work done determines their pay but in contrast, with a contract of
employment, they get paid regardless of how much work they’ve done within the shift.
Express terms
[definitions.uslegal] states that the term ‘express’ means that in an “express contract,
the agreement of the parties is expressed in words” which can either be done orally or
written form.
Implied terms
An implied term is when it is not expressly stated in the contract but it is just as legal.
For example, implied warranty on a washing machine is an example of an implied
contract. The customer must receive the washing machine as it was advertised and it
should be able to function for its purpose, which is washing clothes.
Statutory terms
Statutory terms are what are implied in a contract by the statues. A statute is a formally
written and it consists of the legislative authority.
Laws that are related to contracts for service includes:
A. Law of torts of negligence - “a legal wrong that is suffered by someone at the hands
of another who fails to take proper care to avoid what a reasonable person would
regard as a foreseeable risk.” [law teacher]
B. The sales of good Act 1979 - “am act that regulates the sale of goods that are
bought and sold in the UK and the binding contact between two parties”
[kiteleys.co.uk]
C. Supply of goods and services Act 1982 - this is the act that ensures that customers
receive the correct item that they have purchased and it must fit into the
description they describe and it should be the same size as mentioned when
advertised.
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