Employment contract law - Coursework Example

In the Agreement of Services signed by Mr. Tanton, particularly, Clause 3.3, negates the existence of an employer-employee relationship due to the existence of the provision to the effect that “In the event that the he is unable or unwilling to perform the services personally as required under such agreement, he shall arrange at his own expense entirely for another suitable person to perform the services. In addition, paragraph 13 of the schedule, stated that: “In the event that the contractor provides a relief driver, the contractor must satisfy the company that such a relief driver is trained and is suitable to undertake the services”.

Therefore, the element of control on the part of the employer on the employee was not present since Mr. Tanton can easily find his own replacement or substitute, who shall take his place to render the service in the event that he is unable to perform his personal obligation to the employer. Hence, the fact that Mr. Tanton has the power to send his substitute means that the contract of employment does not exist, making him self-employed contractor. 5. Express and Echo Publications Ltd. is only required to retain one driver to perform the functions of pick-up newspapers and deliver them at various points in Devon on a fixed run in a particular order dictated by the company.

In the case at bar, the reason for the termination of Mr. Tanton was due to redundancy. Hence, another person has already been performing the same functions done by Mr. Tanton which justified his dismissal from his position as a contractor. 6. The sources of English Law are case law or common law, and legislation or statutory laws. In the case at bar, several cases where cited which served as precedent to justify the decision rendered by the justices, where, “a statement of law made by a judge in a case can become binding on later judges and can in this way become the law for everyone to follow, or otherwise known as the “Doctrine of Precedent”