GENERAL COMMENTS ON NDA FORMATIVE ASSIGNMENT SUBMISSIONS
Overall
- Mark is very arbitrary as it depends on how developed your thinking and progress was at a particular point. Students who attained the best marks were those who had considered all aspects of the essay – most people were not at that stage.
- Do not use US law or cases from other jurisdictions, this is looking at the issue from a UK perspective.
- This is an academic law essay and consequently needs law – cases etc.
- Public Interest Disclosure Act 1998 and NDAs – not really relevant to this essay – specifically on NDAs and sexual harassment only.
Specific generalizations taken from all markers
Introduction
Always define your terms – NDA – what is it. Please source your definition. Sexual harassment – what is it? Where is it in the law? What are consequences for the person who commits sexual harassment / their employer. What is the thesis of your essay?
Evidence
Case law? There are cases of NDAs being used in sexual harassment cases – please talk about these briefly and the consequences. Try and find statistics – number of sexual harassment claims being brought / successfully or otherwise.
Analysis
This is where you can look at some very current government thinking on the matter all from the last few years. Comments by reputable legal journalists, law firms, academic and other journals.
Conclusion
Needs to bring together the threads of your essay – where should the law go from here?
Format / Presentation
Please use Harvard Referencing for this purpose.
