Professional Documents
Culture Documents
Qualification
Student name
Date issued
Completion date
01/03/2015
22/05/2015
Assignment title
Learning
Outcome
LO1
LO2
LO3
EMPLOYMENT LAW
Learning outcome
Assessment
Criteria
1.1
Submitted on
Task
no.
2.1
2.2
2.3
1.2
2.4
3.1
3.2
3.3
2
2
3
Evidence
(Page no)
4.1
LO4
4.2
evaluate the application of the data protection
principles and the rights of data subjects in a given
organisation.
Learner declaration
I certify that the work submitted for this assignment is my own and research sources are fully
acknowledged.
Student signature:
Date:
In addition to the above PASS criteria, this assignment gives you the opportunity to submit evidence in order to achieve the following MERIT and
DISTINCTION grades
Grade Descriptor
M1
Identify and apply
strategies to find
appropriate solutions
M2
Select / design and apply
appropriate methods /
techniques
M3
Present and communicate
appropriate findings
D1
Use critical reflection to
evaluate own work and
justify valid conclusions
D2
Take responsibility for
managing and organising
activities
Indicative characteristic/s
Contextualisation
methods/techniques
Appropriate learning
have been applied.
Autonomy/independence
has
been
demonstrated
Substantial activities, projects or investigations
have been planned, managed and organised
Activities have been managed
The unforeseen has been accommodated
The importance of interdependence has been
recognised and achieved.
3
D3
Demonstrate convergent
/lateral / creative thinking
Assignment brief
Unit number and title
Qualification
Start date
Deadline/Hand-in date
Assessor
Assignment title
Purpose of this assignment
This assignment considers the skills required to understand the law relating to employment
relationships and individual employment rights. It would be a requirement that in employment
relationship you would need to know about the sources, institutions and enforcement systems for
individual employment rights. You would need to know the nature and scope of the employment
relationship in its legal and business context. It also deals with understanding the legal provisions
concerning discrimination, including Health and Safety in business and legal context. You would
also, be in this assignment to consider the impact Human Rights law on the employment
relationship and the Data Protection legislation.
Scenario
You have recently been employed as a Human Resources Assistant. Your line manager asked you
to provide him with advice on the employee and employer relationship as impacted on the
organisational activity in relation to recruitment, treatment, and industrial relations. In your
advice, you are also required to include the legal rules relating to termination of employment,
selection, most importantly, the issue surrounding discrimination. Finally, you should comment
on the key provisions relating to Health and Safety and the impact of the Human Rights on
employment relationship. You must use courts case decisions to present your advice and
examples drawn from good practice.
Task 1 (LO1: 1.1, 1.2)
1.1 Explain the Sources of Employment Law and give examples to illustrate your answer.
1.2 A, a plumber was employed as a contractor by B to work on a construction site. Whilst
working on the site, he was injured and threatened to sue his employer. Advise on where to
commence action to enforce his contractual right under the Employment Legislation and
evaluate the effectiveness of the institutions under which he can enforce his rights.
Task 2 (LO2: 2.1, 2.2, 2.3, 2.4)
2.1 John was employed as a painter by A/C company. They provided John with tools, training, and
expected him to carry out his duties as directed by the A/C company.
Joe was employed by BBM Company to work on a project for three months. Joe would be
responsible for his own training, and not being directed or controlled by BBM company.
From the above two scenarios, explain the contractual relationship between the two companies.
5
2.2 Contract of employment can either be a contract of service or contract for service. Explain
the nature and scope of the above terms and description of employment contracts. Illustrate
your answer with some decided cases.
2.3 Britain become a Member of the European Union in 1973. From that time, the European Law
held supreme over all British Legislation. Evaluate the effect of European Union legislation
on the employment relationship and in particular, give examples of decided cases in
employment contract.
2.4 Employment contract can be brought to an end in various ways and circumstances:
(a) Gross Misconduct
(b) Cessation of Work/Relocation of Business
(c) Where the employer constantly subject employee to degrading/undermining behaviour.
In view of the view of the above situations, compare and contrast the reasons and the methods
of terminating employment contract.
Task 3 (LO3: 3.1, 3.2, 3.3)
3.1 Amina applied for a Job as a bus driver with Rockman Bus Company. She was refused
employment because she is a woman, adding that, it is a mans job. Amina felt upset about
Rockmans refusal of her employment. She sought your advice on her enforcement rights
under employment Legislations. Apply the legal provisions on discrimination to the above
scenarios.
Also, produce an assessment of the relationship between the developing law on discrimination
and Human resources management practices.
3.2 Equality is a very significant aspect of employment in all aspects for both employers and
workers. In view of this statement, compare and contrast the best practice in employment
relationship on discrimination and human resource management practices. To illustrate your
answer, you may choose any organization of your choice.
3.3 Andrew was employed by David as a butcher and lost his hand when it got trapped in a
mincing machine. His right hand had to be amputated at the scene.
The mincer was being used without a guard or a restrictor and was declared a health hazard by
the Health and Safety Executive. Based on the above scenario, you are required to produce an
evaluation of Health and Safety Practice in any organisation with which you are familiar.
Task 4 (LO4: 4.1, 4.2)
4.1 Discuss the impact of Human Rights provisions on employment contractual relationship.
4.2 David, while filling an application form for an employment at Pride & Co company did not
authorize the company to disclose his personal information to other organization or a Statutory
Bodies. However, he got calls from various organisations who confirmed that his details were
supplied by the Pride & Co company.
Evaluate the applications of Data Protection principles and the right of Data-subject in Pride &
6
Co company.
---End of assignment-
Books
Kidner, R Blackstone's Statutes on Employment Law 2009-2010 (OUP
Oxford,
2009) ISBN: 9780199569199
Selwyn N Law of Employment (OUP Oxford, 2008) ISBN: 9780199235865
Journals
Specialist employment law sources:
The Industrial Relations Law Reports
People Management (Chartered Institute of Personnel and Development)
More general sources which cover employment law matters:
The Independent
The Times and other law reports in the broadsheet press
General Law journals:
The New Law Journal (LexisNexis Butterworths)
The Modern Law Review (Blackwell Publishing)
Websites
www.peoplemanagement.co.uk/law People Management - online
Magazine of the Chartered Institute
of Personnel and Development
Word Count
Learners must state the exact number of words they have used on the assignment submission form
and comply with the word count of 3,500 with a margin of +/- 10%. However, please note that the
calculations, tables, bibliography and appendices are excluded from word counts.
Plagiarism and collusion
Any act of plagiarism and collusion will be seriously dealt with according to the Edexcel plagiarism
policy. Basically, plagiarism occurs when excerpts, ideas, passages taken from other sources are not
properly acknowledged and referenced both in the body of the text and in reference. It is the
learners responsibility to ensure that they understand all Edexcel guidelines with regards to
plagiarism and what Edexcel considers to be an academic offence.
Collusion can be understood as the submission of works produced in collaboration for an assignment
based on the assessment of individual work. It is a severe academic offence to share a learners work
with others who submit a part or the whole of it as their own work. The College has mechanisms in
place to detect plagiarism and collusion.
Learners must sign the declaration on the front of the assignment submission form.