Question

Adam Smith, employs James Clark as a Waiter for his Restaurant Business- “Good Food and Good Times ” . James has worked for Adam for 13 months but has not received a formal contract of employment. He is paid on a regular weekly basis and Adam pays tax and national insurance, but does not provide any of the clothing that James uses. Adam has also made it clear that the sector is dangerous and that if there are any injuries whilst at work there is no sick pay.

James has indicated that he has had a couple of injuries whilst working from Hot plates which he has carried out to guests, also when he was taking orders from the kitchen, he slipped on the wet floor and this meant that he had to have time off from work as he had hurt his back. He has recovered from both, but feels disappointed that Adam did not pay him for the time off, or change anything to avoid his injuries, Adam says that it is just part of the job that he does so he should not complain.

Advise James in relation to his rights.

When you are advising James consider the following ?

Is he an Employee or worker ?

What rights does the law indicate that he has in relation to

Contracts – when and how this should be communicated

Health and Safety – what are the duties that an employer to an employee ?

Sick pay

Where is the Law found which sets out James rights