TERM 1 RE-SIT COURSEWORK 2012-13
1) Victoria is a qualified psychotherapist who has her own therapy practice. In addition, she has worked for ten years one evening a week at ‘Help Yourself’ (HY), a highly regarded therapy centre which offers drop-in psychotherapy sessions to people with addiction problems. Victoria tries to attend every week but if she doesn’t wish to take a session she lets HY know and they arrange for another therapist to take it. At the sessions the centre manager decides which clients Victoria will see. HY gives its therapists the opportunity to attend specialist courses on addiction, and Victoria regularly attends these courses. Victoria does not have a written contract with HY and she pays her own income tax and national insurance on her earnings from HY. With reference to the tests for employment status and relevant case law advise Victoria whether she has the status of an employee for employment law purposes.
a) John, a teacher at Springfield Secondary School, is told by the head-teacher that he is being suspended on full pay with immediate effect ‘due to an allegation of inappropriate behaviour’ made by a female pupil. Suspension on full pay is permitted by John’s contractof employment. After a full investigation the Local Education Authority finds that in fact the pupil had not said anything which could possibly have been said to be an allegation against John. John is told that he may return to work but due to worrying about the allegation he has become ill with depression and he will not be fit to work for a considerable time. With reference to relevant case law advise John if there is any implied term in his contract of employment which the school might (or might not) have breached. NOTE: DO NOT DISCUSS DISMISSAL LAW. (8 marks)
b) Sue is an Economics and Accounting lecturer at Bruddersford University who has been employed there for 30 years. Her students think highly of her and enjoy her teaching even though her teaching methods are old-fashioned – for example she still uses Overhead Projector slides in her classes. The university is now requiring all its academic staff to ‘move into the 21st century’ with the use of tablet PCs, interactive whiteboards and video projectors, as well as doing online marking and recording podcasts of lectures. Sue refuses to change the way she works. With reference to relevant case law advise Bruddersford University if there is any implied term in Sue’s contract of employment which she might (or might not) be breaching. NOTE: DO NOT DISCUSS DISMISSAL LAW. (8 marks)
c) Belinda worked as a salesperson for Healthy Eating Ltd (‘HE’), a health food company, for 5 years and was very successful. She recently left HE and started her own competing firm. HE has discovered that Belinda is attracting to her firm many former customers whom she looked after at HE. She appears to be making use of her knowledge of the customers’ requirements which she acquired while working at HE and she appears to be undercutting HE’s prices. There was no express term in Belinda’s employment contractwith HE to stop her doing this. With reference to relevant case law advise HE if there is any implied term in Belinda’s contract of employment which she might (or might not) be breaching. NOTE: DO NOT DISCUSS THE LAW OF RESTRICTIVE COVENANTS. (9 marks)
a) Alan has been a part-time law lecturer at Bruddersford University Law School for six months. His work consists entirely of his teaching and the marking of exams and coursework. Full-time lecturers at the university have a number of other duties in addition to their teaching and marking, such as devising courses, writing course materials, administration tasks, attending meetings and acting in a supervisory and pastoral role to the students. Alan feels, nevertheless, that it is unfair that whereas the full-time lecturers have their own offices, he does not, and has to make do with using one of the computers in the university library. The university?s response is firstly, that the full-time and part-time lecturer roles are different jobs, secondly Alan is only on campus part of the week and only during term-time so it would be a poor use of limited office space to give him an office and thirdly that the decision not to give him an office is not only because he is part-time but also because he has been employed by the university for a short time. With reference to relevant statutory provisions and case law advise Alan as to his legal rights. NOTE: DO NOT CONSIDER DISCRIMINATION LAW UNDER THE EQUALITY ACT 2010
b) Sylvia works part-time at Bruddersford University in an IT role in the electronic learning department. She has been employed by the university for nine months. Her hours are from 9.30am ? 1.30pm (Monday ? Friday).She has a small child who is looked after by an excellent carer when Sylvia is at work. The carer will now only be available in the afternoons so Sylvia has asked the university if she may change her hours of work to1.30-5.30pm so that she can be at home in the mornings in order to look after her child. The university has refused her request on the basis that the department would not then have sufficient staff to cover the mornings. With reference to relevant statutory provisions and case law advise Sylvia as to her legal rights.
NOTE: DO NOT CONSIDER DISCRIMINATION LAW UNDER THE EQUALITY ACT 2010
ALL questions must be answered.
IN ALL THE PROBLEM QUESTIONS ABOVE YOU MUST ASSUME THAT THE CLAIMANTS ARE ALL EMPLOYEES, EXCEPT FOR VICTORIA?S SCENARIO WHERE THIS IS THE ISSUE WHICH YOU HAVE TO DECIDE.
THESE QUESTIONS ARE TESTING YOUR KNOWLEDGE OF MATERIAL STUDIED IN TERM 1 ONLY. DO NOT REFER TO ANY DISCRIMINATION LAW UNDER THE EQUALITY ACT 2010 (PART OF WHICH IS TAUGHT IN TERM 1).
1. Foundations and institution of employment law
2. Employment status
3. Non-standard working conditions
4. Individual and collective sources of terms
And other relevant information…
Any footnotes or endnotes which are REFERENCES AND CITATIONS ONLY are NOT included in the word count but ANY OTHER footnotes or endnotes ARE included. Similarly, any ‘appendices’ which are not references and citations will be included in the word count.
Reference these books
1. Sargeant, M & Lewis, D Employment law. Longmans 2012
2. Honeyball S Great debates: Employment Law Palgrave 2011
3. Blackstone Press Blackstone’s Statutes on Employment Law 2012/2013 Blackstone Press 2012
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