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January 12, 2022

Business and Employment Law

Business and Employment Law
U21764

Assessment Two Case Study 2013 – 2014

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

• 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.

Due Date: The coursework must be submitted to the Undergraduate Centre by or on Monday 24th April 2014 (the windows of the Undergraduate Centre are usually open between the hours of 0830 and 1600 daily but do check for any notices to the contrary). Remember to attach the appropriate cover sheet.

Word Limit: 2000 words excluding footnotes and bibliography. The word count should be stated on the university front sheet. Failure to state a word count will result in a 5% penalty. A falsely stated word-count may result in a mark of 0%. Note that footnotes, if used, should be used to reference sources only. Examiners are free to disregard footnotes that contain inappropriate information or information that should belong in the main text. Coursework that is more than 10% over the word limit will result in a 10% penalty (as, inter alia, concision is an important skill).
Referencing: Students must reference sources using the Oxford Standard for the Citation of Legal Authorities (OSCOLA). This can be found at http://www.competition-aw.ox.ac.uk/published/oscola_2006.pdf. 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. Students who are having difficulty citing sources should visit http://referencing.port.ac.uk

Plagiarism: Students are reminded of the need to avoid plagiarism. The University Regulations describe plagiarism as:
‘the incorporation by a student in work for assessment of material which is not their own, in the sense that all or a substantial part of the work has been copied without any adequate attempt at attribution, or has been incorporated as if it were the student’s own when in fact it is wholly or substantially the work of another person or persons’.

Any student suspected of plagiarising will be referred to the Head of Department and an Academic Misconduct Hearing will be arranged. Students should ensure that all sources are fully cited and that indentation or quotation marks (as appropriate) are used when quoting. Failure to include a bibliography will result in a 5% penalty, unless the lecturer/tutor has advised you that a bibliography is not required.
Electronic Copy of Work: Students should retain an electronic copy of their coursework, so that it may be checked by a member of staff should a member of staff feel the need to do so. Failure to send an electronic copy of the coursework to a member of staff who has asked for a copy may result in a penalty.
If any student has a query about any of the above matters and wishes to obtain clarification or further information please contact your seminar tutor.
Some Further Guidance:

Research: Whilst lecture notes and textbooks are of assistance, you should also read
and apply appropriate primary source materials or case notes / head notes (e.g. you are
not expected to read through numerous 40+ page case reports). Citation of textbooks in lieu of primary sources is not good form but secondary sources may contain useful analysis. In your answer, relevant legal authorities, i.e. relevant decided cases and statutory provisions, should be cited in support of your arguments. When using textbooks, ensure that you use up-to-date books and be careful as to the currency of primary materials. Any secondary sources you consult and/or quote from should be suitably identified in the bibliography. You do not need to – and should not – reference lecture notes.

Presentation: Your answer should be word-processed and properly structured. You will see below (and on the Moodle site) that the assessment criteria refers to among things accuracy, research and presentation. Please note that as this is coursework, there is less leniency with regard to these as you are not writing under exam conditions. So, please check that your sources are suitably cited, undertake and demonstrate your research and further reading, try to structure your answer so that it reads well, and do read over your answer to help ensure that use and flow of language, grammar and spelling are more than satisfactory.

Style: Be objective and analytical. Phrases such as ‘I believe’ or ‘I feel’ should be
avoided as they suggest a lack of objectivity and critical approach. You are expected
to consider all aspects of each problem; use of the word ‘assuming’ may indicate that
you are not doing this (unless you then go on to present alternative assumptions which may show fuller analysis).

Assistance: If you have queries regarding the case study or general revision, these should be posted on the Moodle discussion forum for this unit so that everyone can benefit from them. As with some previous law units, assessment-related questions will only be answered through this means (i.e. not by email or one-to-one conversation). We shall not directly answer questions which are based on the scenario, but should welcome questions regarding clarification of legal principle or, indeed, other topics related to the Unit. Please remember that this is an individual assessment and note the definition of plagiarism above.

Some guidance on 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.

For an answer to be awarded a mark in the upper second/first class range it must, among other criteria, 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.

Assessment Criteria
<39% Answers in this range are substantially incomplete and deficient. Serious problems with the language use are often found in work in this range and the work may be severely under/over length and/or fails to grasp the nature of the subject matter. Content, analysis, expression and structure will be very weak or missing. 40-49% An adequate answer which attempts to aIDress the task and demonstrates some understanding of the basic aspects of the subject matter. The work may include some but not all of the essential elements of a problem solution. There will be limited attempt at dealing with all the issues. There may be significant omissions or errors. A satisfactory use and flow of language, grammar, spelling and format has been made. 50- 59% The answer will include most if not all of the essential elements of a good problem solution. Some attempt at sound legal analysis will have been made. The presentation of the work will be satisfactory in respect to structure, use and flow of language, grammar, spelling and format. There may be some limited misunderstanding or misstatement of the law. 60- 69% A well presented answer covering all of the essential elements of a problem solution, which is clearly and lucidly written. A good attempt to consider and evaluate the different elements, with a good attempt to include practical advice and evaluate likely success or failure of the parties’ cases. The work is well organised and well structured and demonstrates a good understanding of case law technique and analytical reasoning. It is succinctly and cogently presented, displaying evidence of analytical ability and is reasonably comprehensive of the relevant legal issues. 70+% The essay contains a comprehensive, accurate, concise and precisely written problem solution which is cogently reasoned and well articulated. There should be a high level of accurate legal analysis showing a sound knowledge of all of the legal principles and accurate practical assessment of the parties’ respective cases. The answer should be comprehensive and accurate in its treatment of the relevant issues. Case Study – Problems at Accounting for Small Business Accounting for Small Business (AFSB) owns a number of accountancy firms in the South and West of England. Dennis has been employed for twelve years as a junior accountant in its Head Office in Portsmouth. Six months ago Sarah was appointed as the new Office Manager and relations between Dennis and Sarah have not been good. Dennis regards Sarah as being unduly authoritarian in her relations with staff, and believes that she often picks on a few members of staff to do the most demeaning work. Sarah regards Dennis as having an unprofessional attitude to his job and for being more concerned with the office environment than with getting on with his work. Dennis on the other hand considers himself to be a good employee who cares about his colleagues. One day Sarah brings the staff together to tell them that she finds lateness very irritating and states that to ensure they all think about their commitment to the firm anyone who is late will be asked to do aIDitional tasks. The next morning, Raj who has an excellent work record and has worked at the firm for three years arrives 20 minutes late as his train is delayed. Raj immediately apologises to Sarah however Sarah does not want to listen and states that as the office cleaner is ill he should clean everyone’s desk before he leaves that evening. Using very strong language, Raj refuses to comply with Sarah’s instructions on the basis that it is not part of his job to do such work, and that it would be more appropriate to instruct one of the other cleaners to do this work. Raj also informs Sarah that he is fed up with being picked on and is not prepared to accept Sarah as having any further authority over him. The next day Raj is summoned to the office of Glen Jacques, the Managing Director of the firm. Glen informs Raj that he is to attend a disciplinary meeting later that day and that he has the right to bring a colleague. At the meeting Raj is informed that he is to be dismissed summarily for gross insubordination (in that he refused to obey a lawful instruction) and gross misconduct and that contrary to normal procedures, Glen has decided that as there were plenty of witnesses to the insubordination and to the foul language he used, it would be a waste of time to hold an appeal. Raj is told to clear his desk and leave. Later the same day Dennis asks to see Glen and discusses with him all his feelings about Sarah and tries to explain how poor office morale is since her appointment. Glen is furious and sends an email to everyone stating that ‘Sarah is the boss and what she says goes and that if Dennis has a problem with her then he is obviously not up to the job and that he should leave’. On reading this Dennis too goes home. Fred has worked as an Assistant Office Manager at the firm’s office in Southampton for 6 years. As Sarah seems to be struggling with recent events, she has decided to take a long holiday and Fred has been asked to take over from her at the Portsmouth Office for the next three months. Fred likes working in Southampton and his suits his lifestyle as he lives very close to the Southampton office which means he can stay at home with his children until they go into school in the morning and he can be at home again soon after they finish in the evening. Fred refuses the request to move to the Portsmouth Office even on a temporary basis. Meanwhile, it is decided that the Southampton Office (which currently employs 100 staff) is to close ‘early in 2015’ and that Fred, along with others will be transferred to the Portsmouth Office on a permanent basis. Two Questions – each question carries equal marks Question 1 Advise Raj of any claim he may have Question 2 Advise Dennis of any claim he may have

 

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