HND Legal Studies – Foundations In Employment Law

 

Part A A contract of employment is an agreement between the employer and employee. All contracts of employment will be made up of terms which will have been expressly agreed by the employer and the employee, either in writing or orally. All contracts of employment will be subject to implied terms, many of which will provide employees with rights and impose responsibilities on the employer.

Discuss the extent to which legislation has an impact on contracts of employment. Explain the rights and responsibilities employees now have as a result of legislation.
Part B Kerry’s of Amblecote is a confectionery business which manufactures a range of traditional sweets which are sold to retailers throughout the UK. The business was established in 1982 and is unincorporated. The partners of the business are Hakam Singh, Helen Kerry and her sister Clare Kerry. Helen and Clare are responsible for administration, accounts, promoting the business and dealing with customers. Hakam manages the shop floor and is also responsible for the selection and recruitment of the workforce. The business employs 20 employees most of whom work on the production line. All employees have written contracts of employment. The following situations have arisen.
a) A Muslim employee who works on the production line, Wajid Ali has been employed by the business for 12 months. He has complained that he was refused time off for Eid and was also told that he must shave off his beard for hygiene reasons. All of the contracts of employment state that employees who work on the production line must cover their hair and beards are not permitted. Wajid refused to shave off his beard and Hakam has now written to Wajid informing him that a decision has been made to dismiss him.
b) Kirendeep Kaur is employed as a packer. Her contract of employment states that the number of hours she is required to work each week is “40 hours but this may vary according to the demands of the business.” Due to an increase in orders Kirendeep is finding that over the past 3 months she has been working an additional 10 hours a week. When she complained to Hakam he informed her that if she could not work the additional hours he would have to “find someone else.” Kirendeep is also finding that due to her workload she is now only able to take two very short breaks during the working day which usually only last about 10 minutes.
c) As a result of new technology which is being used in the manufacture of the confectionery the partners of the business want to reduce the number of employees involved in the manufacturing process from 15 to 12. Waseem Hussain has suggested that the decision as to who will be made redundant will be based on “last in first out.”

Advise the business on the situations above. Your advice must include a full explanation of the relevant law with reference to relevant legislation and case law where appropriate.
Proportion of final module mark 100% of the Foundations In Employment Law Module.

This assignment will form 100% of your overall mark. It is therefore essential that students fully complete both Part A and Part B of the assessment. Part A will form 50% of the total marks awarded and Part B will form 50% of the total marks awarded.
Word limit and presentation • The word limit is 2,000 words for Part A and 2,000 words for Part B.

• You should write no more than 4,000 words. Excessive length will be penalised. Footnotes and bibliography will not be included in the word count unless it is apparent that you are including text in footnotes as a means of artificially disguising excessive length

• You must include a word count

• You must also keep a copy of your work.

• The penalties for exceeding the word limit are as follows:
– There will be no penalty for exceeding the word limit by no more than 10%.
– Students who exceed the word limit by more than 10% will have their mark reduced by 10 percentage points.

It is essential to submit your work in word-processed form. You should check your work very carefully for spelling, punctuation and grammar. All work will be moderated.

Argument should be appropriately referenced and your work should include a full bibliography of texts, journals, statistics and surveys. referred to in your work. Your bibliography should state author, publisher and year of publication.
Submission date and method By no later than 12.00 noon on 14 May 2018

All assignments are to be submitted electronically via BMetC moodle.

The normal rules on extensions apply (see your Student Handbook.)

Date of publication of provisional mark with feedback May 2018. Moderation will be in June/July.
Period of assessment for resits July 2018 – Dates for resubmissions are publicised in the BCU calendar which is available on the BMet Moodle site.
Description of support available to students who will be re-assessed Additional feedback can be obtained from the tutor who marked your work. Please contact that tutor by email to make a mutually convenient appointment.
Indicative reading list

This list gives merely an indication of the works which you should consult in preparation for writing your essay. It is not exhaustive, and you should explore other sources and materials.

Selwyn’s Employment Law by Astra Emir – Oxford University Press (9th Edition) 2016

Smith and Wood’s Employment Law by Ian Smith and Aaron Baker – Oxford University Press 2017

Employment Law by Professor Gwyneth Pitt – Sweet & Maxwell 2016 Available as ebook.

Websites:
www.acas.org.uk

www.gov.uk.>courts-tribunals

Individuality; statement on plagiarism

You will be provided with the opportunity to discuss issues concerning this subject area throughout the teaching programme. However, outside of this opportunity, no assistance will be given by staff and should not be sought. In particular, staff will not look at nor pre-mark any notes, nor any other drafts of your assignment. Assignments must be distinctively your own effort. You are reminded of the University’s Regulations on cheating which are explained in your Student Handbook.

You are reminded of the University’s Disciplinary Procedures which refer to Cheating, details of which may be found in the Student Complaints, Appeals and Conduct web page: https//icity.bcu.ac.uk/student-services/complaints-and-appeals/Disciplinary/Students-FAQs

Except where the assessment (not preparation) of an assignment is group-based, the final piece of work that is submitted must be your own work. Close similarity between assignments is likely to lead to an investigation for cheating. It is not advisable to show your work, completed or otherwise, to your colleagues, nor to share or exchange disks.

In addition, please note the following (approved by the University’s Senate):

You must also ensure that you acknowledge all sources you have used. Work that is discovered to be the result of collusion or plagiarism will be dealt with under the University’s Disciplinary Procedures, and the penalty may involve the loss of academic credits.

If you have any doubts about the extent to which you are allowed to collaborate with your colleagues, or the conventions for acknowledging the sources you have used, you should first of all consult module documentation and, if still unclear, your module tutor.
Intended Learning Outcomes On completion of Part A of this assessment you should;
• Demonstrate a knowledge and understanding of contracts of employment, the distinction between a contract of service and a contract for service and sources of terms of employment. (Learning Outcome 1)
• Demonstrate a knowledge and understanding of legislation and regulations which have an impact on contracts of employment and which provide employees with rights and employers with responsibilities. (Learning Outcome 2)

On completion of Part B of the assessment you should;
• Demonstrate knowledge and understanding of the ways in which contracts of employment may be terminated and the law and procedures relating to dismissal and resignation. (Learning Outcome 3)
• Apply knowledge and understanding of employment law in order to provide advice in relation to an employment dispute. (Learning Outcome 4)

Marking guidelines / mark bands
You will be expected to show:
• The appropriate essay form for your answer
• A clear understanding of what the questions are asking you to do and close attention to the requirements of the questions.
• Appropriate research in preparation for your explanation of the law and advice.
• Proper referencing and a full bibliography (the latter should be on a separate but attached sheet)
• The effective use of information and materials.
• A structured discussion of the relevant issues
• Skills of analysis, synthesis and application of employment laws.
• An effective and precise use of written English.

In particular,

A Distinction answer is likely to:
 Be coherent, well-expressed and well-structured
 Be free of substantial error
 Demonstrate a high level of critical analysis, synthesis and application and show comparative and analytical discussion
 Display a considerable degree of creative thought
 Demonstrate wide research
 Display an excellent standard of presentation

A Merit answer is likely to:
 Be clear and well-planned, with a logical structure
 Be free of substantial error
 Show a strong grasp of principles and arguments, and the ability to analyse, synthesise and apply law
 Show accurate and effective use of materials
 Be analytical and critical in its approach
 Be fluently and properly expressed

A Pass answer is likely to:
 Be a competent piece of work, largely free of error but may contain some errors and omissions
 Demonstrate a sound grasp of principle and argument
 Demonstrate some attempt at critical analysis and application
 Use reference materials appropriately but show limited evidence of research
 Be presented well but may not always demonstrate a logical structure

Answers which do not achieve the requirements of a Pass are likely to fail.

Use this Checklist to “assess” yourself:
• Do I understand the issues raised by the questions?
• Have I planned my answer so that the final result is logical and makes sense?
• Have I introduced the issues properly?
• Is all the material relevant?
• Are my arguments clear?
• Does the reasoning develop as the answer progresses?
• Have I tried to take to critical approach to the material I am using?
• Have I balanced descriptive material with analysis and application to the given situations?
• Are the answers repetitive?
• Have I written a proper conclusion which draws the threads of my answer together?
• Have I acknowledged all sources?
• Have I included a full bibliography?
• Have I met the word limit?
 Have I checked spelling, punctuation and grammar?

find the cost of your paper