Level 2 Award/Certificate/Diploma in Legal Studies Law in the workplace R/501/5542

Transcription

1 August 2008 Version 1.1 Level 2 Award/Certificate/Diploma in Legal Studies Law in the workplace R/501/5542 Assignment version: Sample This guide contains assessor and candidate instructions. Sample/ /08

2 This publication has been developed by CILEx. It is part of the method of assessment for the City & Guilds/CILEx qualifications and whereas CILEx has taken all reasonable care in the preparation of this publication, neither it nor the City and Guilds of London Institute accept any liability howsoever in respect of any breach of the rights of any third party howsoever occasioned or damage caused to any third party as a result of the use of this publication. Copyright CILEx /Sample Page 2 18/08/2008

3 Level 2 Award/Certificate/Diploma in Legal Studies Law in the workplace Assessor s instructions Assignment number Version Sample /Sample Page 3 18/08/2008

4 Level 2 Award/Certificate/Diploma in Legal Studies Law in the workplace Notes for guidance This assignment comprises the assessment for the underpinning knowledge requirements for Unit 205 Law in the workplace. The importance of safe working practices, the demands of the appropriate national and local Health and Safety legislation, associated regulations and Codes of Practice associated with the particular industry, must always be stressed. Candidates have responsibilities for maintaining the safety of others as well as their own. Anyone behaving in an unsafe fashion must be stopped and suitable warnings given. A candidate should never be allowed to continue working on an assignment if they have contravened these requirements. This may seem rather strict but, apart from the potentially unpleasant consequences, each candidate must acquire the habits required for the workplace. The following notes for guidance are provided to assist assessors/tutors in planning the delivery of this assignment to candidates. 1 Location of assignment 1.1 Any suitable location in the workplace or learning environment. 2 Equipment/resources required for this assignment 2.1 No specific equipment or resources are required for this assignment although access to word processing and printer facilities would allow candidates to produce work more efficiently. 2.2 Candidates will need access to the 7462 Level 2 Legal Studies Assignment guide to complete this assignment. 3 Notes on the content of this assignment 3.1 Candidates need to produce an informal report for Task 2. This should include an appropriate heading, introduction, research findings and appropriate conclusions and recommendations. 4 Evidence and recording 4.1 All work produced by the candidate should be kept together. The candidate is required to put their name, their City & Guilds registration number, task number and the date on all pieces of work, either handwritten or typed, however they will not be penalised for not doing so. 4.2 Candidates will need to be able to organise their information clearly and coherently. Spelling, punctuation and grammar should be used with considerable accuracy and legal terminology applied where relevant. 5 Time considerations 5.1 This assignment should take no longer than three hours to complete, excluding research activities. You should make the candidate aware of your programme s time frame and deadlines for completion of this assignment. 5.2 A recommended period of seven days must have elapsed before an unsuccessful candidate can retake a task within this assignment. Further training/feedback should be given to candidates before a task is retaken. Should a candidate be unsuccessful in more than one task, or a referred assignment, then a new assignment should be taken. 6 Additional information 6.1 Answers given in the marking and grading criteria are indicative of the type of answers candidates should give. They are not definitive /Sample Page 4 18/08/2008

5 Level 2 Award/Certificate/Diploma in Legal Studies Law in the workplace utcomes Task Evidence utcome reference Underpinning Knowledge (UK) 1 A letter that sets out the law in relation to fair and unfair 3 3.3, 3.4 dismissals. 2 A set of notes that sets out the relevant law in relation to employees and the self employed. 3 A letter that explaining the protection given to disabled people under The Disability Discrimination Act A set of notes that describes the procedure that is undertaken in order to bring a matter before an employment tribunal. 5 A summary on the remedies available to an employment tribunal , , /Sample Page 5 18/08/2008

6 Level 2 Award/Certificate/Diploma in Legal Studies Law in the workplace This page is intentionally blank /Sample Page 6 18/08/2008

7 Level 2 Award/Certificate/Diploma in Legal Studies Law in the workplace Candidate s instructions Assignment number Version Sample /Sample Page 7 18/08/2008

8 Level 2 Award/Certificate/Diploma in Legal Studies Law in the workplace Assignment You are advised to read all instructions carefully before starting work. Check with your Assessor/Tutor, if necessary, to ensure that you have fully understood the process. You must, at all times, observe all relevant Health and Safety requirements. This assignment should take you no longer than three hours to complete, excluding research activities. You are required to work to the time frame and deadlines as set out by your Assessor/Tutor. Introduction This assignment is broken down into five tasks: Task 1 requires you to produce a letter that sets out the fair and unfair reasons for dismissal. Task 2 requires you to produce a set of notes that describe the three tests that have been traditionally applied over the years to decide if someone is an employee or self employed. Task 3 requires you to produce a letter which explains in outline the protection that is given to disabled people under the Disability Discrimination Act Task 4 requires you to produce a set of notes that describes commencing procedures against an employer. Task 5 requires you to provide a summary of the remedies that are available to an employment tribunal. Note You will need access to the Assignment guide to enable you to complete this assignment. You should read through the instructions for each task carefully before you start. Make sure you do everything you are asked to do in the instructions and other notes. When you have completed all the tasks, re-read the instructions again just before you proof-read your work for the last time. Ensure your name, your City & Guilds registration number, task number and the date are on all documentation. At the conclusion of the task/assignment, hand all paperwork to your Assessor/Tutor /Sample Page 8 18/08/2008

9 Level 2 Award/Certificate/Diploma in Legal Studies Law in the workplace You work at the firm of Ingram Lochee & Exton as a trainee legal assistant. You have received the following attendance note from one of the partners, Mr Exton. ATTENDANCE NTE Client Mr Harold Jarvis, Miss Claris Jones and Mr Duncan Smythe Date Time Fee Earner Mr James Exton Partner Time engaged Today am 1 hour Mr Harold Jarvis, Miss Claris Jones and Mr Duncan Smythe all of whom were previously involved in the company of Universal Link News came in to see me today. Apparently they were all friends and worked together in this organisation until all of them had their employment ended within days of each other, which is why they have all came in together to find out what their respective legal rights are. Claris Jones has worked for Universal Link News as a researcher for two years. Just recently a new journalist was taken on Miss Avril Graham, who Claris claims had taken a dislike to her from the beginning. Apparently this has caused a great many arguments between them both. Things came to a head last week when Avril came up to her in the middle of the office and asked if she would make her a cup of coffee. This is not in Claris s job description and things became very heated. In a fit of temper Claris slapped Avril across the face, in front of the whole office. The incident was witnessed by the manager who called Claris into his office and dismissed her there and then. Harold Jarvis has been with Universal Link News for three years. He has worked as a cameraman. It isn t clear on what basis he was employed by them. He claims it was on a full time basis and has a letter of appointment that he says shows this. However he also tells me that he used to invoice ULN on a monthly basis for his salary and paid his own tax and national insurance. He has a private insurance policy to cover sick pay. While working as a cameraman for ULN he was able to use all their equipment and technical support. Last Friday he was called into the Technical Director s office who told him that they no longer needed his services as all technical and visual support had been subcontracted out to a company that could deliver it for half the price. Harold asked about a redundancy payment but apparently the manager just laughed and said In your dreams! Duncan Smythe only has 50% hearing and is registered disabled but has worked perfectly happily and satisfactorily in the administration department for six years at Universal Link News. Apparently the same Miss Avril Graham started to make fun of his disability from the moment she was employed. She repeatedly made comments about his disability and made rude gestures and pulled faces at him all the time. n several occasions she has crept up behind him and yelled at the top of her voice and then laughed at the distress she has caused him. He repeatedly complained to the management and as a last resort issued a grievance against her. However when the grievance was finally heard by the head of the company Duncan was told to not be so sensitive and get on with things. He was so upset he resigned there and then /Sample Page 9 18/08/2008

10 Level 2 Award/Certificate/Diploma in Legal Studies Law in the workplace Task 1 Write a letter to Miss Jones that details the automatic unfair reasons for a dismissal (two examples) and the potentially fair reasons for a dismissal. (Her address is The Shambles, Eden Way, Dartford, DA13 HJK). Set out what you consider the most relevant points of her case and draw a conclusion based on these facts and the law. Task 2 Harold Jarvis is coming in for an interview with you. However you have just found out from a telephone message that he left at reception that he has lost his original letter of appointment. Prepare a set of notes for yourself as a reminder on the tests that are applied to distinguish between an employee and a self employed person, and what would have to be included in the letter of appointment in order for Harold to be an employee. Add a note on your own conclusion of Harold s position based on the information that you have. Task 3 Write a letter to Duncan Smythe (15 Torchwood Way, Dartford, DA12 TYU) that identifies the key provisions under the Disability Discrimination Act 1995 and that explains whether he has suffered victimisation that would amount to discrimination. Task 4 As a result of the letter that you have sent to Duncan Smythe, he has made an appointment to see you to discuss several issues. n the chance that he might wish to commence proceedings against his employer, prepare a set of notes on how proceedings can be commenced against his employer identifying the relevant forms that are used to do this. Include at least three examples of information that will be included within these forms. In addition explain what will happen up to and including the tribunal itself. Task 5 Just before the appointment with Duncan Smythe, you remember that you have not included anything in your notes about the remedies that are available if he was successful in any action against his employers. Prepare a short summary that identifies and explains the three remedies available which can be given to him with the fact sheet /Sample Page 10 18/08/2008

11 Level 2 Award/Certificate/Diploma in Legal Studies Law in the workplace Marking & grading criteria (Not to be shown to candidates until grading is complete) Assignment number Version Sample Candidate name: Enrolment no: I confirm that all work submitted is my own Signature: Date: Pass / Merit / Distinction / Resit Assessor name: Signature: Date: Internal Quality sampled by: Signature: Date: /Sample Page 11 18/08/2008

12 Level 2 Award/Certificate/Diploma in Legal Studies Law in the workplace This page is intentionally blank /Sample Page 12 18/08/2008

13 Each of the following points should be ticked if satisfactorily met and crossed if not. If a point does not apply it should be crossed through and annotated with reasons why it is not applicable. Answers given in the marking and grading criteria are indicative of the type of answers candidates should give. They are not definitive. Professional judgement should be used. To achieve a Pass, candidates must meet all criteria shown as and 39 of the criteria shown as To achieve a Merit, candidates must pass all the tasks and meet at least 45 of the criteria shown as To achieve a Distinction, candidates must pass all the tasks and meet at least 51 of the criteria shown as Task Marking criteria Marking Task 1 All parts of Task 1 completed. Spelling, punctuation and grammar is used with considerable accuracy and legal terminology applied where relevant. Letter appropriately formatted showing the correct address, reference and details of client. Identified a minimum of two automatic reasons for an unfair dismissal eg: trade union membership pregnancy maternity, adoption or parental leave claiming a statutory right claiming the national minimum wage claiming rights under the working time regulations Identified reasons for a fair dismissal: misconduct e.g. theft and disobedience some other substantial reason e.g. failing to sign a new employment contract that has been agreed through collective bargaining Described the most relevant points of the case eg: employed for two years (one year qualifying period) /Sample Page 13 18/08/2008

14 Task Marking criteria Marking assault Drew a conclusion based on the law and the facts. To pass Task 1, candidates must meet all criteria shown as and 6 of the criteria shown as Pass / Refer No of Candidate s name: Date: Assessor s name: Assessor s signature: /Sample Page 14 18/08/2008

15 Task Marking criteria Marking Task 2 All parts of Task 2 completed. Spelling, punctuation and grammar is used with considerable accuracy and legal terminology applied where relevant. Set of notes produced that distinguish the employed from the self employed: Identified and explained the three tests which distinguish an employee from the self employed. The control test eg: o employer can dictate day to day tasks o employer can dictate work hours o employer can direct how a particular task is carried out The organisation test eg: o the economic role a person has within an organisation o whether the role they have is needed all the time The composite/multiple test eg: o does the person concerned have a particular skill? o is this skill required all the time? o can the person dictate their own salary conditions and pay? o do they make their own arrangements to pay their own tax and national insurance? o do they have access to things such as photocopiers? o is their role within the organisation an ongoing one? Applied the three tests to the facts of the scenario. Drew a conclusion concerning the status of Harold Jarvis /Sample Page 15 18/08/2008

16 Task Marking criteria Marking To pass Task 2, candidates must meet all criteria shown as and 9 of the criteria shown as Pass / Refer No of Candidate s name: Date: Assessor s name: Assessor s signature: /Sample Page 16 18/08/2008

17 Task Marking criteria Marking Task 3 All parts of Task 3 completed. Spelling, punctuation and grammar is used with considerable accuracy and legal terminology applied where relevant. Letter appropriately formatted showing the correct address, reference and details of client. Identified the key provisions of the Disability Discrimination Act 1995: to prevent less favourable treatment to disabled people to make reasonable adjustments Identified what is meant by victimisation and provided examples that relate to the scenario eg: being singled out in the workplace for less favourable treatment using the complaints procedure or exercising legal rights bringing the grievance procedure Applied the relevant provisions to the facts of the scenario and drew a conclusion as to whether the client had suffered victimisation. To pass Task 3, candidates must meet all criteria shown as and 6 of the criteria shown as Pass / Refer No of Candidate s name: Date: Assessor s name: Assessor s signature: /Sample Page 17 18/08/2008

18 Task Marking criteria Marking Task 4 All parts of Task 4 completed. Spelling, punctuation and grammar is used with considerable accuracy and legal terminology applied where relevant. Set of notes produced: Identified Form ET1 and explained its function. Described three pieces of key information contained within ET1. utlined the procedure that would follow when ET1 has been completed: return ET1 to the local office office will check it and serve it on the former employer together with ET3 ET3 will be returned arbitration and conciliation then takes effect when ET3 is returned when Arbitration fails hearing will proceed if arbitration succeeds settlement is recorded Identified Form ET3 as a defence document to the allegations put forward on ET1. Described three pieces of key information contained in ET3. Each allegation made on ET1 will be answered. The employer s version of events as to why a dismissal was justified. Described the role of arbitration once ET3 had been issued eg: to attempt to broker a settlement between former employer and employee /Sample Page 18 18/08/2008

19 Task Marking criteria Marking Explained the role of the employment tribunal: to provide a forum for the employee and employer to bring their allegations and defence to allow the witnesses of both sides to be heard to allow evidence from both sides to be presented to give a final decision on the allegations and defence to award a remedy where needed To pass Task 4, candidates must meet all criteria shown as and 11 of the criteria shown as Pass / Refer No of Candidate s name: Date: Assessor s name: Assessor s signature: /Sample Page 19 18/08/2008

20 Task Marking criteria Marking Task 5 All parts of Task 5 completed. Spelling, punctuation and grammar is used with considerable accuracy and legal terminology applied where relevant. Produced a short summary identifying the three remedies i.e. compensation, re-instatement, reengagement. Explained compensation: discretionary monetary award Explained re-instatement: a return to the previous position or status of the employee discretionary cannot be enforced by the tribunal if the former employer refuses they will have to pay damages in lieu of the refusal Explained re-engagement: is re-employment to a job that has the same salary and status but not the same position that the employee previously had discretionary cannot be enforced by the tribunal if the former employer refuses they will have to pay damages in lieu of the refusal To pass Task 5, candidates must meet all criteria shown as and 7 of the criteria shown as Pass / Refer No of /Sample Page 20 18/08/2008

21 Candidate s name: Date: Assessor s name: Assessor s signature: To achieve a Pass, candidates must meet all criteria shown as and 39 of the criteria shown as To achieve a Merit, candidates must pass all the tasks and meet at least 45 of the criteria shown as To achieve a Distinction, candidates must pass all the tasks and meet at least 51 of the criteria shown as Total No of Pass / Merit / Distinction /Sample Page 21 18/08/2008

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