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EMPLOYMENT LAW FIRST SIT COURSEWORK 2013-14 1) Tom, who is a white English male, recently applied for a job as editor with JKL Publishing Ltd (‘JKL’), a small but important UK publisher. Tom has first-rate experience and qualifications for the post, having worked for 7 years as an editor for another major publisher. He had an interview last week with Godfrey, the head of JKL. The interview appeared to be going well until Tom happened to mention that his wife was of Afro-Caribbean origin. Godfrey seemed surprised and ended the interview shortly after this, telling Tom that he would let him know soon about his application. Tom has now been informed that his application has been unsuccessful. Kelly, a friend of Tom’s who has worked at JKL for 5 years, has since told him that all JKL’s employees are white and that no-one from an ethnic minority community has been employed there in her time. a) With reference to relevant statutory provisions and case law advise Tom as to any discrimination law claim he might have. 15 marks b) With reference to relevant statutory provisions and case law advise Tom whether the court might consider that he has sufficient evidence to discharge the ‘burden of proof ‘- i.e to support a discrimination law claim – and also how he might obtain further evidence. 15 marks 2) Adam works as a shop assistant in XYZ plc (‘XYZ’), a large department store in Central London. XYZ has recently introduced new rules relating to the clothes staff must wear at work. The rules state as follows:- ‘Our staff are the public face of the company. It is therefore of great importance that all members of staff look good! Men – smart clothes only, which must be either a) a suit or b) a smart jacket and trousers. In both a) and b) a collared shirt and a tie are required. Women – smart or ‘smart casual’ clothes only, for example trousers or skirt with a matching top, or a trouser suit. Neither men nor women may wear jeans or any other item of denim clothing.’ Adam hates wearing formal clothes and asks you whether he is obliged to obey these rules. With reference to relevant statutory provisions and case law advise Adam as to any discrimination law claim he might have. 15 marks 3) Barnet University (‘Barnet’) has a growing reputation. Barnet’s Executive believes that one of the reasons for its success are the strong written policies it has on a wide range of matters such as diversity and equality, flexible working and harassment & bullying, which, it is felt, help to make staff feel supported. Barnet organises a weekend residential conference for all its lecturers at a country hotel. Among the lecturers attending the conference are two colleagues, Alan, who is English, and Duncan, a Scot, whom Alan dislikes. On Saturday evening the lecturers go out together for a drink. During the evening, Alan remarks to Duncan, with a smile, ‘I hope the Scots vote for independence next year, then maybe there won’t be so many of you coming down to England and taking our jobs!’ Duncan is outraged by this remark, Alan apologises and says that he was ‘just making a silly joke’. With reference to relevant statutory provisions and case law advise Duncan as to any discrimination law claim he might have. 30 marks 4) Ahmed, who is a Muslim, applies to join Jaggers LLP (‘Jaggers’), a large law firm, as a solicitor in the conveyancing (buying and selling properties) department. He has excellent qualifications and experience in this field. Ahmed is invited for interview and at the interview he asks whether, if appointed, he would be able to take off an hour at lunch-time on Fridays in order to attend prayers at the mosque. He said that he would make up any time lost by working extra hours at the end of the day. The interviewer tells him that no-one in the conveyancing department is allowed to take a long break on Friday because it is the busiest day for conveyancing, with many completions of sale taking place. He says that, unfortunately, if Ahmed requires this, Jaggers would be unable to offer him the post. Ahmed confirms that it is a requirement for him, and the interview and application are terminated with no offer being made. With reference to relevant statutory provisions and case law advise Ahmed as to any discrimination law claim he might have. 25 marks Important Notes: 1) ALL questions must be answered. 2) ASSUME THAT ALL THE CHARACTERS IN THE SCENARIOS ARE EMPLOYEES, APART FROM AHMED AND TOM. 3) THESE QUESTIONS ARE TESTING YOUR KNOWLEDGE OF DISCRIMINATION LAW ONLY. DO NOT REFER TO ANY OTHER MATERIAL. This assessment is compulsory and must be a maximum of 2500 words in length. The coursework should be typed on a white background on A4 Page Layout in 12 point font. A bibliography should be included at the end of the coursework. Cases must be cited correctly, but the full citation may be contained in footnotes. Please note that work which is not properly referenced will not achieve a good grade. Word count must be recorded. You must fully attribute any judicial quotations or passages taken from articles or textbooks. Failure to do so may result in your work being referred to the Academic Registry for plagiarism. Submission of coursework Coursework must be submitted by 11.30pm on 31st March 2014 electronically on Turnitin via the module site on MyUnihub, where it will be checked for possible plagiarism, collusion and word counts using the appropriate software. Failure to submit on Turnitin will result in the award of 0%. The work must be submitted without the title and without setting out the questions in order for the word count to be checked. Please remember to state your word count excluding the title, questions, footnotes that are used for citation purposes only and bibliography. The bibliography is to be submitted with your answer. Please do not submit hard copies in this module – submit only on Turnitin. 5% from the overall mark per day will be deducted for each day the coursework is submitted late up to a maximum of 5 days (including weekends and Bank Holidays). Subject to the above, the deadline is fixed and missing the deadline will result in the award of 0%. There is no such thing as an extension. Where you can demonstrate a good reason to defer, you may apply for a deferral. If you are granted a deferral, you must take the new assessment at the next opportunity. You must take care to upload your final answer by the deadline as once the deadline is passed you will not be able to submit another version. The responsibility for timely submission is yours, and except for proven failures of University systems, reasons for late submission relating to your computer malfunction will not be accepted as a reason not to apply the penalty for late submissions. You must retain a copy of your work. Students may submit their coursework to the electronic system, Turnitin, as many times as they like prior to the deadline. Each time they will receive an Originality Report giving them the opportunity to address plagiarism/poor referencing, etc. issues up until the deadline date. Students will be required to submit a final copy by the deadline date. Please note that the marks given for coursework during the academic year will be provisional only and will be confirmed on publication of the final results at the end of the academic year. Word Limits (a) All coursework must state the word count. (b) The word count excludes the bibliography and all footnotes as long as they are used for citation purposes only. Note that any additional text contained in the footnotes, which is not used for citation purposes, will not be marked. (c) All work which exceeds the word limit, fails to state the word count or states the word count incorrectly will be subject to penalties. (d) Coursework which fails to state the word count or states the word count incorrectly will be penalised by the deduction of 2%. (e) Coursework which exceeds the word limit by 10% or less will be penalised by the deduction of up to 5% on a pro rata basis. (f) Coursework which exceeds the word limit by more than 10% will be penalised by the deduction of 5% on a pro rata basis for each 10% that the word limit is further exceeded.

EMPLOYMENT LAW

FIRST SIT COURSEWORK 2013-14

1) Tom, who is a white English male, recently applied for a job as editor with JKL Publishing Ltd (‘JKL’), a small but important UK publisher. Tom has first-rate experience and qualifications for the post, having worked for 7 years as an editor for another major publisher. He had an interview last week with Godfrey, the head of JKL. The interview appeared to be going well until Tom happened to mention that his wife was of Afro-Caribbean origin. Godfrey seemed surprised and ended the interview shortly after this, telling Tom that he would let him know soon about his application. Tom has now been informed that his application has been unsuccessful. Kelly, a friend of Tom’s who has worked at JKL for 5 years, has since told him that all JKL’s employees are white and that no-one from an ethnic minority community has been employed there in her time.

a) With reference to relevant statutory provisions and case law advise Tom as to any discrimination law claim he might have. 15 marks

b) With reference to relevant statutory provisions and case law advise Tom whether the court might consider that he has sufficient evidence to discharge the ‘burden of proof ‘- i.e to support a discrimination law claim – and also how he might obtain further evidence. 15 marks

2) Adam works as a shop assistant in XYZ plc (‘XYZ’), a large department store in Central London. XYZ has recently introduced new rules relating to the clothes staff must wear at work. The rules state as follows:-

‘Our staff are the public face of the company. It is therefore of great importance that all members of staff look good!

Men – smart clothes only, which must be either a) a suit or b) a smart jacket and trousers. In both
a) and b) a collared shirt and a tie are required.

Women – smart or ‘smart casual’ clothes only, for example trousers or skirt with a matching top, or a trouser suit.

Neither men nor women may wear jeans or any other item of denim clothing.’

Adam hates wearing formal clothes and asks you whether he is obliged to obey these rules. With reference to relevant statutory provisions and case law advise Adam as to any discrimination law claim he might have. 15 marks

3) Barnet University (‘Barnet’) has a growing reputation. Barnet’s Executive believes that one of the reasons for its success are the strong written policies it has on a wide range of matters such as diversity and equality, flexible working and harassment & bullying, which, it is felt, help to make staff feel supported. Barnet organises a weekend residential conference for all its lecturers at a country hotel. Among the lecturers attending the conference are two colleagues, Alan, who is English, and Duncan, a Scot, whom Alan dislikes. On Saturday evening the lecturers go out together for a drink. During the evening, Alan remarks to Duncan, with a smile, ‘I hope the Scots vote for independence next year, then maybe there won’t be so many of you coming down to England and taking our jobs!’ Duncan is outraged by this remark, Alan apologises and says that he was ‘just making a silly joke’. With reference to relevant statutory provisions and case law advise Duncan as to any discrimination law claim he might have. 30 marks

4) Ahmed, who is a Muslim, applies to join Jaggers LLP (‘Jaggers’), a large law firm, as a solicitor in the conveyancing (buying and selling properties) department. He has excellent qualifications and experience in this field. Ahmed is invited for interview and at the interview he asks whether, if appointed, he would be able to take off an hour at lunch-time on Fridays in order to attend prayers at the mosque. He said that he would make up any time lost by working extra hours at the end of the day. The interviewer tells him that no-one in the conveyancing department is allowed to take a long break on Friday because it is the busiest day for conveyancing, with many completions of sale taking place. He says that, unfortunately, if Ahmed requires this, Jaggers would be unable to offer him the post. Ahmed confirms that it is a requirement for him, and the interview and application are terminated with no offer being made. With reference to relevant statutory provisions and case law advise Ahmed as to any discrimination law claim he might have. 25 marks

Important Notes:

1) ALL questions must be answered.

2) ASSUME THAT ALL THE CHARACTERS IN THE SCENARIOS ARE EMPLOYEES, APART FROM AHMED AND TOM.

3) THESE QUESTIONS ARE TESTING YOUR KNOWLEDGE OF DISCRIMINATION LAW ONLY. DO NOT REFER TO ANY OTHER MATERIAL.

This assessment is compulsory and must be a maximum of 2500 words in length. The coursework should be typed on a white background on A4 Page Layout in 12 point font. A bibliography should be included at the end of the coursework. Cases must be cited correctly, but the full citation may be contained in footnotes. Please note that work which is not properly referenced will not achieve a good grade. Word count must be recorded. You must fully attribute any judicial quotations or passages taken from articles or textbooks. Failure to do so may result in your work being referred to the Academic Registry for plagiarism.

Submission of coursework
Coursework must be submitted by 11.30pm on 31st March 2014 electronically on Turnitin via the module site on MyUnihub, where it will be checked for possible plagiarism, collusion and word counts using the appropriate software. Failure to submit on Turnitin will result in the award of 0%. The work must be submitted without the title and without setting out the questions in order for the word count to be checked. Please remember to state your word count excluding the title, questions, footnotes that are used for citation purposes only and bibliography. The bibliography is to be submitted with your answer. Please do not submit hard copies in this module – submit only on Turnitin.
5% from the overall mark per day will be deducted for each day the coursework is submitted late up to a maximum of 5 days (including weekends and Bank Holidays).
Subject to the above, the deadline is fixed and missing the deadline will result in the award of 0%. There is no such thing as an extension. Where you can demonstrate a good reason to defer, you may apply for a deferral. If you are granted a deferral, you must take the new assessment at the next opportunity.
You must take care to upload your final answer by the deadline as once the deadline is passed you will not be able to submit another version. The responsibility for timely submission is yours, and except for proven failures of University systems, reasons for late submission relating to your computer malfunction will not be accepted as a reason not to apply the penalty for late submissions.
You must retain a copy of your work.
Students may submit their coursework to the electronic system, Turnitin, as many times as they like prior to the deadline. Each time they will receive an Originality Report giving them the opportunity to address plagiarism/poor referencing, etc. issues up until the deadline date. Students will be required to submit a final copy by the deadline date.
Please note that the marks given for coursework during the academic year will be provisional only and will be confirmed on publication of the final results at the end of the academic year.

Word Limits

(a) All coursework must state the word count.

(b) The word count excludes the bibliography and all footnotes as long as they are used for citation purposes only. Note that any additional text contained in the footnotes, which is not used for citation purposes, will not be marked.

(c) All work which exceeds the word limit, fails to state the word count or states the word count incorrectly will be subject to penalties.

(d) Coursework which fails to state the word count or states the word count incorrectly will be penalised by the deduction of 2%.

(e) Coursework which exceeds the word limit by 10% or less will be penalised by the deduction of up to 5% on a pro rata basis.
(f) Coursework which exceeds the word limit by more than 10% will be penalised by the deduction of 5% on a pro rata basis for each 10% that the word limit is further exceeded.

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