Assignment for Employment Law Module  


 


Students must submit a 2,500 word essay (plus or minus 10% – penalty 5% if these limits are exceeded).


 


You must include at the end of your work a full bibliography with references and all cases referred to must be fully cited. Please give a word count after your bibliography, if you fail to give a word count or to include a bibliography you will automatically lose 5%.


 


Plagiarism is a serious offence with regard to submitting coursework and projects.  Plagiarism is using the work and words of others as if they were your own.  You should ensure that if you are quoting more than six words directly from a textbook, article or report that you place the words in quotation marks and indicate where they come from.  Alternatively you can paraphrase i.e. – put the material into your own words.  Where plagiarism is found in coursework the student will receive zero mark and may also face proceedings under the University code of Student Discipline.  It is also an offence under the code of student discipline to collude with another/others to present a group effort as your own work, individual piece of work.  It is also an offence to copy from another student’s work or to allow another student to copy your work.


 


ADVICE – your answer should adopt a standard approach to tackling a case study and this:


 


1.         Read the case and identify the general area of law


 


2.         Next consider the specific points/principles of the law which are relevant to this particular case study


 


Write several paragraphs discussing these specific points/principles of law – identifying your source of law (case law and/or statute).  Go for depth rather than breadth – it should not be an ‘everything l know about……..’ approach.


 


3.         Analyse the facts of the case study and distinguish between important and unimportant factual information.  For example if the case study concerns the unfair dismissal of an employee…  what facts given in the case study lead you to believe that the employer is in breach of contract or has failed to establish a potentially fair reason for dismissal etc etc.  You must consider the rights and duties and possible defences of all parties – apply the relevant law and reach a conclusion and give advice to the parties.


 


 


 


Now consider the following case study.  With reference to the relevant legal and supporting your arguments by relevant statue and case law advise the parties.


 


 


The Case Study.


 


            Sarah applied for a position as a secretary with ACME Ltd.  In response to a question on the application form, she indicated that she suffers from arthritis but stated that it does not affect her typing if she uses an adapted keyboard.  Her application was rejected by ACME Ltd because they assumed that Sarah would be unable to carry out the job because of her arthritis.  Sarah had also applied for secretarial position with Beta Ltd.  Sarah again stated on the application form that her arthritis does not affect her typing if she uses an adapted keyboard.  Beta Ltd invited Sarah to an interview where she was required to take a typing test.  Sarah told the employer at the interview that she would need to use an adapted keyboard in order to take the test, but this was not provided.  Sarah failed the typing test and because of this did not get the job.  Sarah was also interviewed by Gamma Ltd who required her to take typing test but did provide an adapted keyboard.  Sarah achieved 50 words per minute but another candidate, who achieved 35 words per minute at the same level of accuracy, was given the job.  The successful candidate does not suffer from any disability.  Sarah’s friend, Tom, is severely facially disfigured following a road traffic accident.  He was turned down for a job with Delta Ltd because they felt that customers and co-workers would be uncomfortable when dealing with Tom.  Tom had also suffered from severe clinical depression for a year following the accident four years ago.  Tom is now fully recovered from the depression but was refused employment by Epsilon Ltd when they hear about his past psychiatric illness.


 


 


 


Advise Sarah and Tom of their legal rights and what remedies or procedures might be available to them to protect these rights.


 


 


 


 


 


 




Credit:ivythesis.typepad.com


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