You work for a small company, Marketing Makers
1. You work for a small company, Marketing Makers. You have two roles in the company, the first being client based, working on their advertising campaigns and the second being responsible for Human Resources. The split of time spent on the two roles is approximately 60/40. You have two situations that you are currently dealing with:
A- Sarah is a self-employed, graphic designer, she has worked at Marketing Makers for 3 years. She mostly works at the office so that she can liaise with colleagues on campaigns and
follows instructions by the manager. She joins in with most social events and went to a team building day, organised by the company. She also occasionally works for other businesses. Due to recently losing a client account you want to end her contract, but you are concerned that she thinks that she is an employee and could take you to court for unfair dismissal.
B- Mohammed has worked in accounts for 4 years. He has recently started making mistakes and coming into work late. His manager, Moya is getting angry with him, she has spoken to him a couple of times, but his performance is not improving. Moya would like to dismiss him.
The CEO has asked for your advice with the above situations.
1. As well as the above your partner’s boss collared you at a drinks party and asked your advice on behalf of her son who is setting up a business selling party pieces with a friend. She asked if you could provide her with the advantages and disadvantages of setting up as an ordinary/general partnership or limited partnership so that she could pass the information on to her son.
You have decided to provide her with a brief on the different options.
Part B
You are marketing executive working for ‘Creative Solutions Ltd’ and have been asked to mentor a new member of staff. They have not worked in marketing before, and your manager has asked you to bring them up to speed with the legal implications of working as a marketer.
From the areas of Contract, Data Protection and Advertising Regulations, explain and describe 3 key legal principles or rules related to your work (one from each topic) that you think are essential for your mentee to know. Use legal authority (cases and legislation) as well as a scholarly source (law books and legal journal articles) to support your answer. Consider that your list will be used as a referencing guide for your mentee, to check in their work that they have not fallen foul of any laws or rules, so advise them why this rule is important in their job and illustrate with an example. It would be useful to them to know where to find the legal principle you have listed (in which case/legislation) should they wish to learn more.
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