Posted: April 15th, 2015

Business and Employment Law

Business and Employment Law

U21764

 

Assessment Two Case Study 2014 – 2015

 

 

 

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.

 

 

Word Limit: 2000 words excluding footnotes and bibliography. 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.

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.

 

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 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.

 

Case Study – Problems at Softy Furnishings Ltd

 

Softy Furnishing Ltd (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 Roz who, straight from University, 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. Abbie 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. Roz has brought in some new (very fast equipment) to speed up production but Abbie 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. Roz has promised training but Abbie says that she is happy to continue with what she is doing. Roz also wants to make changes in the warehouse however she often feels intimidated by the lads working in there. Dennis, Roz’s line manager has now told her that any changes she wants to make in the warehouse must go through him and that he will deal with the men in that part of the firm. Roz is not happy with this and tells him so but Dennis says that his decision is final and for her own good.

Roz is also having problems with Shabana who, in Roz’s eyes is lazy. Shabana has been employed with the firm since September 2013. Dennis has agreed with Roz that they cannot afford to keep people on if they are not pulling their weight and therefore tells Roz that she can dismiss Shabana but to make sure she gets her full notice entitlement.

 

 

Two Questions – note each question is equally weighted.

 

 

Question 1                          Advise Abbie as to whether she is obliged to use the new equipment.

50 marks

 

 

Question 2                          Advise Roz as to any action she can take in relation to the comments made by Dennis

50 marks

 

For this assessment please ignore any reference to Shabana.