1. Chloe has worked for the last 7 years as a hairdresser in a salon called Hair Full of Body (‘HFB’). Chloe has a written agreement, which she and HFB have signed, which describes Chloe as a self-employed hairdresser. Chloe regularly works 6 days a week. The agreement states that if Chloe was unable to undertake a job given to her by HFB, she would not be able to arrange a replacement hairdresser. HFB pay Chloe’s tax and national insurance. HFB takes client payments and HFB pay Chloe a wage dependent upon how many clients she has seen. Chloe is subject to HFB’s disciplinary procedures but, she is not entitled to any sick pay or holiday pay. The written agreement says that she is able to work for other salons but she knows that other hairdressers have been dismissed by HFB for working for other employers. 
With reference to the relevant statutory provisions and case law advise Chloe whether she has the status of an employee for employment law purposes. 

(35 marks) 
2. Charity has worked for four years as a senior architect for an architect company, Sharp Edge (‘SE’). Her work has attracted prestigious awards and her professional profile has been featured in a highly-regarded architecture catalogue. SE is proud of Charity and pleased of her work which has significantly increased their profile – in fact, clients ask for their properties to be designed by Charity. The company’s office manager has noticed that Charity arrives to the office giddy and suspects she has a drink at lunchtime which is against the company rules. There have been complaints from other colleagues that Charity is disruptive and loud in the office and is unwilling to assist her colleagues in group projects, instead focusing on her own work. These complaints have never been raised with Charity. Charity has been head-hunted by another international architect company, Steel and Water (‘SW’), on the condition they receive a satisfactory reference from SE. SE’s Chief Executive Officer publically expressed disappointment that Charity was leaving but said that they would provide a reference. SE’s reference said:

“I suspect Charity drinks alcohol at lunchtime. Her colleagues do not regard her to be a team player and there have been complaints about her disruptive behaviour in the office”. 

SW have withdrawn their offer of employment which they said was because of the reference which they showed Charity. Charity is angry about the reference and asks for your advice. Using relevant case law advise Charity of her employment rights. Assume Charity is an employee. 30 MARKS 

3. Jake has worked as an advisor for a Local Authority, Bourneville Council (‘BC’) for the past twelve months. He enjoys his work, especially his interaction with members of the public. However, he has noticed that his colleagues can be negligent in the advice they give to members of the public. He realises that staff have not been trained properly for five years. He also notices that a great deal of funding is spent on the staff Christmas celebration and summer party even though staff have also been told to tell members of the public that BC have no money left in their budget for basic things like rubbish collection. One day Jake has to leave early to attend a health appointment. His manager embarrasses him in front of everyone else suggesting that he just wants to leave work early and does not really have an appointment. Enraged later that afternoon, Jake phones the local newspaper and agrees to meet the senior journalist to tell the story about BC’s practices. The next day on the local newspaper website is a story about BC detailing Jake’s complaints about staff incompetence and the spending of public money on parties instead of on the local community. The story also says that the leader of BC gave himself a million pound pay-rise which is not true but Jake was so angry during the meeting with the journalist that he ended up saying it as if it was true. Jake’s manager calls Jake into the office that afternoon and dismisses him with immediate effect. 

Advise Jake as to his rights under the Part IVA of the Employment Rights Act 1996. Assume that Jake is an employee. 35MARKS

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