Larry works as a self-employed gardener for X Ltd. There is no question of Gary being an employee.
During the evening, Larry works for another company, Y Ltd., as a delivery driver, on an as-and-when required basis - Larry is given 24 hours' notice to work. Larry uses Y Ltd.’s van to make any deliveries required.
During the last five years, Larry also works as an employee, for Z Ltd., a bakery. He has been given one month’s notice to terminate his employment.
Which of the following best describes Larry’s employment rights and status? Please choose one answer. If necessary, briefly explain, within a line or two, what led you to your choice:
With X Ltd.: a1. A contract of agency.
a2. A contract of employment.
a3. A contract of partnership.
a4. A contract for the provision of services.
With Y Ltd.: b1. Larry is an employee.
b2. Larry is an independent contractor because there is no obligation on his employer to provide work (he is offered work on an as-and-when required basis).
b3. Larry is an independent contractor because he is given 24 hours’ notice of when he is required to work.
With Z Ltd.: c1. Under the Employment Rights Act 1996 he is entitled to a minimum period of one month's notice.
c2. Under the Employment Rights Act 1996 he is entitled to a minimum period of five weeks' notice.
c3. Common Law requires the employer to give a reasonable period of notice and one month is reasonable.
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