Box 1 Fictional scenario
As of 1 March 2016 (fictional) EU legilslation provides that all workers who are citizens of a member state shall be entitled to a minimum of eight weeks sick leave at full pay per calendar year. Dieter is a German national and has been working in England for the last three years as a languages teacher in a local school. The school is privately owned and fee paying, but also has a small number of pupils who have their fees paid for by the local authority as part of a widening participation scheme. Dieter was off on sick leave between 1 July and 30 September 2016 and has been informed that he will only receive sick pay for six weeks at the full rate. The (fictional) English legislation, the Sick Pay Act 1993, states that employers must provide their employees with full pay ‘to cover a reasonable period of sick leave per calendar year’. English case law has suggested that this should mean a minimum of four weeks. Dieter complains about the position to his employer but is told that they consider six weeks to be reasonable in the circumstances. Dieter has heard from a friend about the EU law position and wants to know if he can rely on this.
Advise Dieter how he can rely on any rights which might arise under EU legislation in the courts in England and Wales in the following respective situations. You need to consider all potential claims he has against both his employer and the UK Government:
a.The EU law is a regulation coming into force on 1 March 2016.
Word limit: 375
(25 marks)
b.The EU law is a directive giving the member states until 1 March 2016 to enact implementing national measures (legislation). The UK law considered the (fictional) Sick Pay 1993 Act to be sufficient in the circumstances and did not implement any new legislation.
Word limit: 1125
(75 marks)
Total marks: 100
Learning outcomes
TMA 01 tests the following learning outcomes:
Knowledge and understanding
concepts, rules and principles of European Union law.
Skills
apply legal principles to resolve identified issues
organise and assimilate legal and factual material relating to EU law and express a reasoned personal view
critically read, understand and discuss legal materials in the area of EU law.
Advice
Important information
The OU Law School Undergraduate Assessment Guide contains definitions of words used in TMA questions. It also gives advice on referencing and the reference list that you must produce and include at the end of your work. You should read this guide before attempting TMA 01.
Your answer should be written in standard English and in prose. This is a problem-style question and you are expected to demonstrate evaluative skills while dealing with the facts in the scenario. You can find further information and support in the OU Law School Undergraduate Assessment Guide at Section 3.2.3which provides guidance on how to deal with a problem-style question.
You should not write in the first or second person (e.g. ‘I’, ‘we’, ‘my’, ‘you’, or ‘your’). Instead you should use phrases such as ‘A person is…’ or ‘This answer will…’.
Question
This TMA is primarily designed to test your knowledge of Unit 1, 2 and 3 of Block 1. Although these units are relevant to this question, you may draw upon material from other units. You should consider carefully any related materials, such as legislation and case law or any other sources that you have read in your module materials, when answering this question.
You should make sure that your answer covers all the potential claims that Dieter could make in this scenario, including those against both his employer and the UK Government.
The scenario contains all of the facts known to you at the present time. Do not assume additional facts not given in the question. In answering this question you should:
Think about the structure of your answer.
Identify the relevant law.
Apply each element of the relevant law to the facts of the case, giving reasons to explain why you think each element of the law is or is not satisfied.
Ensure that you include the relevant law to the right part of the question and do not repeat information unnecessarily in both parts.
Conclude by deciding what options (if any) are available to Dieter in each of the situations.
