Tasks: This second piece of coursework consists of questions based on a case study and requires you

to:-

Add Footnotes below every page. Use OSCOLA Referencing.

• Recognise, understand and apply appropriate case law and legislation to realistic business

problem scenarios

• Critically evaluate the law relating to employment law

• Understand principles of law governing employment relationships

• Analyse complex factual situations and identify and apply relevant legal concepts in order to reach balanced conclusions and provide advice and recommendations.

Referencing: Students must reference sources using the Oxford Standard for the Citation of Legal Authorities (OSCOLA).. Reference should be made to the primary source, except when the primary source can no longer be obtained. Poor citation of sources will result in a loss of marks.

Assessment Criteria

To achieve a pass on each of the questions there must be some evident knowledge and understanding of the relevant law and, as they are problem questions, some attempt to apply it. The better the explanation of the law and the better the ability to apply and discuss it (including the citation of relevant primary sources), the higher the mark to be awarded. Detailed facts of cases are not expected unless this is inherently required by the question, because of its similarity to/distinguishability from a previously decided case, or doing so assists the explanation of the law however relevant cases and law should be cited.

For an answer to be awarded a mark in the upper second/first class range it must, among other criteria, cite, explain and apply/evaluate the law correctly and coherently and generally cite relevant legal sources and authorities (some deduction should be made for inappropriate use of old Acts/Regs but an otherwise good answer could still get a reasonably good mark). Conclusions, which are consistent with the discussion, should be provided along with an explanation of any remedies that may be awarded (if applicable). Evidence of wider research, a fuller understanding and a strong

analytical ability should be evident for a first class mark.

case scenario

(SF) is a small local firm which produces a number of decorative items for the home including cushions, curtains and bed linen. Hoping to bring its brand image up to date, the firm has just employed a new manager, Graham who is well qualified and has some great ideas about how the firm’s products can be recreated to bring a modern feel to the home and how working practices can be brought up to date.

Fatama has been a machinist at the firm for three years and has always enjoyed being allowed to plod along with her work, machining seams on cushions. Graham has brought in some new (very fast equipment) to speed up production but Fatama is refusing to use the machines as she says that as she was trained on more manual machines she should be allowed to continue to use them. Graham introduced training but Fatama did not attend saying she is happy to continue with what she is doing.

Graham also wants to make changes in the warehouse to create a more diverse workforce however when two well qualified women applied for jobs there, Graham was told by senior management not to employ them as it would be better if the firm continued to employ men only in the warehouse as bringing women in might upset the macho dynamics of the group. Joseph, who is a friend of one of the current employees and is homosexual, has also been refused a job at the firm for the same reason of upsetting the macho dynamics of the group.

Sidney also applied for a post in the warehouse however 15 years ago he was sentenced to 6 years in prison for drug smuggling and served 4 years. He has been told that because of his criminal record he will not be appointed. Meanwhile, Sabrina a 40 year old technician has worked for the firm for six years. It has come to light that she was sentenced to 9 weeks imprisonment for possession of cannabis when she was 20. She was rather embarrassed about this when she first applied for the job and so did not reveal it however she has now been told that the firm considers this a betrayal of trust and she has been dismissed for gross misconduct. Sally who has been employed in the retail shop of the factory for three years was seen leaving the building at the end of her shift with a new cushion under her arm. She was immediately dismissed without pay for gross misconduct.

Graham is also having problems with Bill who, in Graham’s eyes is lazy. Bill has been employed with the firm since September 2016. It has been agreed by senior management that the firm cannot continue to employ staff who do not ‘pull their weight’ and Bill has now been dismissed.

Sylvia who is employed full time on the reception desk has just returned from maternity leave and is struggling to cope with working full time and being a new mother but her request to work part time has been refused.

Answer the two following Questions – each equally weighted. Please read the assessment criteria carefully before you submit your work and note how higher grades can be achieved.

Question 1 Advise Fatama as to whether she is obliged to use the new equipment and explain the legal situation regarding Sidney and Sabrina 50 marks

Question 2 Consider the prospects of any claim that may be brought under the Equality Act 2010 regarding Joseph and the two women whose applications for employment were turned down. 50 marks