Question
You are a paralegal working for a small employment law firm in Winchester. One of the supervisors, Dylan Thomas, would like you to assist him
You are a paralegal working for a small employment law firm in Winchester. One of the supervisors, Dylan Thomas, would like you to assist him with three clients he is seeing later on this afternoon.
Samantha Smith
For the past 5 years, Samantha has been working at Parster gentlemens club as a cleaner. Samanthas contract with Parster states that:
1.Samantha is self-employed and not a worker or employee.
2. Samantha cannot substitute her performance
3. Samantha must work 9am - 5pm Monday to Friday every week
Everyone who works at Parster, including Samantha, must wear uniform, specifically a T-shirt that states Men are the better sex. Samantha finds the uniform outrageous and is not happy as she receives constant abuse from members of the public due to the T-shirt; Samanthas male colleagues do not receive this abuse. Samantha accepts that she needs to wear the T-shirt for the job.Samantha has recently received some unwanted attention from her male colleagues who pester her for explicit photos of herself. Samantha was frustrated by the requests, so she reported it to Mike, her boss, who told her that they are just having fun teasing you, dont be a jobsworth.
Olivia Faust and Tia Faust
Olivia (32) is employed at ToysRfun as a store manager. She works dutifully from 7am - 9pm everyday six days a week, as prescribed byher contract. Olivia receives 9 per hour for her work; her boss, Rachel, told her that this is the National Living Wage. A few days ago,Olivia went to check her payslip to confirm that she is on the right tax bracket, only to realise that she has never received a pay statement. Olivia has asked her boss for a pay statement, but she refuses to give her one.Olivias sixteen year old daughter, Tia, works at the same place, and is paid 4.80 per hour.Dylan would like you to provide a detailed briefing note for him, supported by reference to legislation and case law, as to what the key issues are for Samantha, Olivia and Tia and what the way forward is for them.
Identify the relevant legal issues arising from the scenario and apply relevant legislation and case law to produce sound legaladvice;
Write in a clear, structured and grammatically correct manner and reference your sources in accordance with OSCOLA
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