Advise Faith, Theo and Scarlett to their legal rights, if any, and against whom such rights may be enforced.

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HR5051 (Employment Law) ASSESSMENT QUESTION

Faith, Theo and Scarlett, all worked for the University of South-East London in various capacities. 

Faith had worked at the University as a cleaner for four and half years. During this four and half year period Faith had worked an average of twenty hours per week, the employer had deducted tax and National Insurance from her pay, the employer had provided her with a uniform and training and she was subject to the University’s disciplinary and grievance procedures. Furthermore, at the time Faith began working at the University, it had been agreed in writing that Faith was not an employee. Faith worked on a ‘zero hour basis’. This meant that she worked only when the University called upon her to do so. Ten days ago, Faith was told by Mr Ali, the Director of Human Resource Management, that her services were no longer required. Faith, who wishes to sue the University for unfair dismissal, has been told by her trade union representative that she does not have a good case because she was not an employee of the University.

Theo was employed by the University as a part-time lecturer. After having worked at the University for six months he had not received a written contract of employment or a written statement. On 1^st October 2021,  he commenced an employment tribunal proceedings against the University in order to obtain the statement. On 20^th October 2021, Mr Ali discovered what Theo had done and dismissed him without notice or money in lieu. Theo left at once and has not returned.

Scarlett was employed to work behind the bar in the University’s social club. David the manager of the social club, instructed Scarlett not to serve eastern European customers especially Ukrainian’s as he believed (erroneously and without any evidential basis for such a belief) that these customers were using counterfeit bank notes. On 10^th October 2021, David returned from lunch and saw Scarlett serve an eastern European customer. He immediately dismissed her without notice or money in lieu.

Required

Advise Faith, Theo and Scarlett to their legal rights, if any, and against whom such rights may be enforced.

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