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Scenario Gary's car was filthy. He took it to a car cleaning place. While there he began chatting with one of the valeters (Ennio). Ennio

Scenario Gary's car was filthy. He took it to a car cleaning place. While there he began chatting with one of the valeters (Ennio). Ennio said that the pay was low but the contracts said that they were 'independent contractors', so they could not claim the minimum wage. The contract also said they had to provide their own cleaning materials (though in practice the car cleaning firm provided this) and could get someone to do the job for them if necessary (though that had never happened in the four years the firm's existance). There were eight valeters, two of whom were women. Ennio said they got paid 10 per cent less because, unlike the men, they did not have families to support. That evening he asked Georgina, his girlfriend, who had studied law for a short while (but who did not study very hard and whose grasp of law was very uneven). Georgina said that the law was clear. She said that there was a relevant and similar case involving a night club, a where a dancer was definitely a worker because the club was very controlling and therefore the dancer had a right to claim unfair dismissal. She went on to say that nothing can override the words of a contract but did not sound totally sure. When asked about the women valeters who were paid less, she said that "It is well known that the Equality Act 2020 does not apply to the self-employed". The next day Georgina and Gary took Jayshree out for breakfast in London. Georgina bought Jayshree an expensive cheese croissant made by 'Cheesybread', a famous Bristol bakery, as a treat. Much to Jayshree's horror there was a sharp piece of plastic deep inside it; she nearly choked and became very ill. Jayshree vomited on her favourite dress, ruining it and she also ended up not being able to work for a week. As she was self-employed, she lost a lot of income. Georgina said that Jayshree had no legal rights: "I am afraid you need a contract for that - a world famous criminal case involving a slug and some orangeade established that and you don't have one. Anyway, there was no way they could know that there was plastic there, you need to show that something is beyond reasonable doubt in these cases unless you are neighbours - but you aren't, as the bakery is in Bristol". Gary said that he wasn't sure that Georgina was right. Later that day Jayshree tells Georgina and Gary that she is thinking of applying for job as a private security guard. The application form says that: 'All Security staff must be at least 1.7 metres tall'. Jayshree is 1.5 metres tall. Georgina says that this is a clear case of Direct Discrimination but that you need to have a job before you can claim legal protection. She also said that this was a breach of Jayshree's human rights but that since Brexit no one in Britain can make a claim to the court in Strasbourg. Gary warns Jayshree to double-check everything that Georgina says. Georgina's friend Bharat has asked her to become a sleeping partner in his new novelty scarf company. Georgina tells Gary that she intends to be a sleeping partner as she like long naps and will only lose her invested capital (2,000) if the business does not succeed. Gary asks if she is completely sure about this. She replies that "the well know Salmon v Salmonella case made that clear - she was a separate entity whose liability was limited to her investment".

NOTE: Outline and explain the legal issues in this scenario

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