Instructions: Read the case study carefully .

1/ Felicity Calm had worked since 2019 as an event planner at the Paradise Lodge Hotel, Appleton. The Hotel had a leisure centre attached to it with indoor facilities and two banquet halls. She had a written agreement with the hotel. Under this she was paid a regular amount as a "retainer", she had to be available every afternoon to provide planning information sessions for clients. The hotel brochure advertised "planning information sessions from resident professional". Clients booked sessions direct with hotel reception (receptionist checked with her first whether she was free); the fee was paid to hotel, which deducted 10% and paid the rest over to her without any further deductions, (the retainer was also paid gross). She could use hotel facilities for her own events but paid a fee to the hotel for the hire of the rooms. Admittedly fee was quite nominal. Arrangements seemed to have worked satisfactorily: she never received any complaints. Over the last three months there seemed to be fewer bookings from clients, but she made up for this with her own events. All these sessions were logged because the hotel had security gates, so there was a record of people coming for information sessions. Last week hotel manager (Mr. Blake) asked her to call into the hotel office. Mr. Blake told her that her contract would be terminated as from the end of March. The reason given was that there was much less demand for information sessions generally (nature of clientele was changing) so there was no call for a resident professional. Mr Blake also implied that she had been using the rooms for events without notifying the hotel - against her agreement and hotel lost money. 2 Felicity refutes this. The management had decided to keep the rooms available and allow the public to use them, but the hire fees would be increased to cover the cost of maintenance. She would be able to book the rooms and use them for her events as before, but the costs would be greatly increased. Felicity said she was very upset at first, and then felt angry over this treatment. She felt that the dismissal was not justified: she thought that the hotel management had not done enough to promote the information sessions. She had asked permission to organise promotional seminars the hotel, but this suggestion had been turned down. Hotel clients in the past had been complimentary about her work, so she did not think she had been treated fairly. Felicity is seeking advice on a claim the management for unfair dismissal.

2/ Jim Matthews is a trainee chef, who works in the kitchens at the Paradise Lodge Hotel. He has worked there for approximately one year. The kitchen is always busy: the hotel is large, and it is usually quite full of guests, and there are also a number of functions at the hotel. The kitchen has the usual hazards for example, boiling water, hot ovens. One particular oven has a faulty door, as the catch is loose. The door tends to come open unless slammed shut, and even then is liable to open without warning. This is hazardous if anyone is passing in a hurry. The head chef has told the management, and who have said that they must avoid using that oven, so it is only used when absolutely necessary. The kitchens are in need of some refurbishment: the floor is rather worn at one place with some cracked tiles, and they all have to be careful not to trip when crossing at this point - it is easy to forget when you are in a hurry. There are notices up in the kitchen in places saying things like "Walk don't run, and "Watch the pan" but everyone tends to ignore them. Last week there was a charity dinner at the hotel with a lot of extra guests and the kitchens were especially busy. All the ovens were in use. Jim was helping with the cooking and with sending food to the dining room, which is put on to a heated trolley and taken by one of the chefs out of the kitchen and into the elevator. The waiters were getting very impatient for the meals; Jim was running back to the kitchen after taking some food to the elevator when he tripped over the cracked tiles, slid on the floor which was greasy from the cooking, hit the oven door which flew open. He was bruised and burnt by the oven. He went to the emergency department at the local hospital, and as a result of his injuries will be off work for three months. Jim is asking for your advice as the hotel has said that they cannot keep his job open for him. A few people have mentioned to Jim in passing that he could take the management to the cleaners for what has happened to him.

3 LAW ASSESSMENT QUESTIONS Case Study

(i) Why might Graham's "relationship with the hotel" affect the outcome of any claim he brings against the hotel? (5 marks)

(ii) What are the legal tests, which the courts would use to determine the relationship? (10 marks)

(iii) Explain what it is about the nature of relationship that Graham has with the hotel, which could result in a claim for unfair dismissal being unsuccessful. (15 marks)