Question 1 - Company Law

Waqar and Sophia are now in their final year of their studies at University. During their placement year they entered a partnership together selling herbs and spice mixes to various restaurants and market stalls. They have enjoyed much success and as such are wondering whether they should form a company. Please advise Waqar and Sophia on;

1) a definition of a partnership and a company and how they are different; and

2) the advantages and disadvantages of creating a company; and

3) advise on which option would be better for Waqar and Sophia. business organisation

Question 2 - Employment Law

Waqar and Sophia have decided that to grow their business they need to employ more people. They are vaguely aware of the different types of employment status, but they are unsure, please advise Waqar and Sophia on;

Consider the scenario of Marvin below, is Marvin a worker, employee or independent contractor?

Waqar and Sophia have paid Marvin for work and services he has provided to the business. Marvin has been helping out since the business began and used to only help with constructing spice bags for upcoming markets and large-scale events. For the last 18 months Marvin has been working more frequently, he works 30 hours a week, he reports to both Waqar and Sophia, who give clear instructions as to what work Marvin is to undertake. When Marvin cannot attend work, he has provided a list of 3 other people that Sophia and Waqar may contact to stand in his place. Marvin is paid in cash at minimum wage, he signed an A4 piece of paper headed 'casual worker', which includes a sentence stating; 'this contract does not intend to place an obligation on the employer to offer any work or for the worker to accept any work'.