Comparative Labor Law

Comparative Labor Law

FORMAT :IRAC

Fine Furniture is a partnership between Yasmin Adeel and Adam Miller who specialize in the design and production of very high quality furniture and bespoke kitchens in England. The partnership has been operational for 10 years and is very successful. There is a design department, sales department and a factory that produces the furniture and kitchen units. The partnership employs a total of 28 employees and a number of free-lance designers.

Fine Furniture has been working with Lucia Bari, a talented designer, who has completed several contracts for Fine Furniture for some time. Fine Furniture is very happy with the standard of her work and Lucia has just been offered a number of additional design briefs by Fine Furniture with instructions on how the designs should be presented and a set of deadlines. Lucia is free though to work where and when she wants, to refuse any of the design briefs and she can delegate or subcontract part of the whole design should she wish. Lucia is happy with her arrangement with Fine Furniture; she signs an individual agreement for each individual contract she has with Fine Furniture stating that she is not an employee.

Martin Smith is employed by Fine Furniture in the factory as a carpenter. He has recently complained that he has been working very long hours (up to 60 hours per week), has not had a day off for four weeks and has had all holiday requests refused for 6 months. The foreman has told Martin that as they are all so busy, he cannot be spared. Martin is very unhappy with this decision.

Jason Barton works on a casual basis for Fine Furniture. At peak times, he works as an upholsterer at Fine Furniture. There is an understanding between Yasmin and Jason that he will work when needed. Jason was recently found fighting with another employee on the Fine Furniture factory floor. Yasmin has told Jason that Fine Furniture will no longer be requiring his services. Jason has subsequently written a letter to Yasmin stating that he feels he was unfairly dismissed.

Question

Discuss whether Lucia, Martin and Jason are an employee or self-employed based on the United Kingdom applicable laws and common law principles. Illustrate your answer with application to the facts.