Business and employment Law – GradSchoolPapers.com

Business and employment Law
General instructions must follow:
1. Structured/organized
2. Specific/relevant
3. Citations from authentic sources and list of References (Sources such as books, journal articles, websites, newspapers should be of United Kingdom since you have to are going to use English law system).
4. Free from plagiarism.
Note: This assignment is based on United Kingdom English law system only.
Answer both questions.
Each question carries marks as indicated.
You are advised to divide the word limit equally between the two questions.
You must use appropriate case law in order to support your answers.
Question 1 (1500 words)
It is often argued that contract and tort law are similar in that both are part of the law of obligations; on the other hand, criminal law is part of public law and is therefore fundamentally different.
Using relevant case law throughout, discuss the validity of the above statement.
50 marks
Question 2 (1500 words)
Magley Custom Kitchens (MCK) is a company designing and manufacturing fitted and custom-made kitchen furniture operating from a Business Park in Cambridge. The company has 250 employees and has been operating for 15 years. You are the HR Manager and you have received a letter of complaint from Sarah Mitchell. Sarah has only recently returned to work after caring for her two children for a number of years. She has completed a part-time design course at her local college over the past three years, achieving excellent marks. She has been looking for a full-time position for a couple of months, rather than the temporary jobs she has been able to obtain. Sarah applied for a job with MCK as a kitchen designer two months ago. She was given an initial interview but was not short-listed for a final interview. The position was offered to a recent graduate with a qualification in design, although they had not achieved as high a grade as Sarah.
A week after Sarah’s rejection letter from the company arrived she was having coffee in the local coffee shop when she recognised at the next table the person who had interviewed her at MCK, John Barnsley – the Design Studio Manager. She went up to him as she was leaving and she told him how disappointed she was not to get a final interview. He told her that she wasn’t really suitable for the job because she was 43 years old and the company wanted to present a ‘young designer’ image.
Sarah has written to you saying that, although she realised that the initial job advertisement had specified that the candidate be under 40 years of age, she thought she would be very good at the job and she felt it was unfair not to consider her because of her age.
You are asked to consider the legal implications of this situation and should outline the actions that may result from this complaint.
50 marks
Business and Employment Law Coursework Guidance/Instructions
Question 1: The difference between the law of obligations (tort and contract law) and the criminal law.
This question requires a basic understanding and appreciation of the different branches of law within the English legal system. There are two parts to the question – firstly, students should say whether they agree with the statement regarding the law of tort and contract and explain their reasoning and secondly (probably the larger part of the essay), how and why the law of obligations fundamentally differs from the criminal law. Students should demonstrate the ability to differentiate between the three types of law, and, where appropriate, to substantiate discussions with relevant case law and legislation. There are numerous differences/similarities between the three and a good answer will probably use a ‘compare and contrast’ approach of choosing and explaining an issue in a paragraph and then move onto the next issue in another paragraph. For example, the burden of proof is ‘beyond reasonable doubt’ for criminal cases and is ‘on the balance of probabilities’ for contract and tort law; the student should explain this by giving examples of 6 Real lifeUnited kingdom’s cases/legislation which illustrate the difference and discuss why this difference has arisen.
Include 6 real issues while writing the above answer.
You will be marked on Grademarkaccording to the following criteria:
Question 1 (Next page) please have a look
Marking criteria Learning Outcomes
(as set out in Section 1.3) % of overall mark Mark achieved %
Introduction:
Has an outline of the area in question been provided, including a coherent, brief explanation / discussion of the relevant issues?
1; 2; 4 10%
Contents:
Have the relevant, specific issues been defined and identified?
Has an explanation / exploration of the issues identified been provided?
Have suitable legal cases / statutes been fully incorporated as part of the discussions?
Are the arguments / discussions coherent and address the essay question in an appropriate, logical manner?
1; 2; 3; 4 70%
Conclusion
Has a coherent conclusion to the issues raised been provided?
1; 2; 3;4 10%
Presentation and Academic Rigour:
Have the arguments and conclusions been clearly presented and communicated in an appropriate style of language, including using good spelling and grammar?
Has Harvard referencing been applied correctly?
Have the incorporated legal cases been provided with the correct legal citations?
4 10%
Question 2: The Problem Scenario
The facts are all important and application of the law to the facts is essential. Students will frequently write out all the law they consider to be raised by the facts and then, without separating the issues clearly, leave all their application to the end. Students should state the law in the context of the issue raised by the facts, giving supporting legal authorities throughout for the principles that are discussed. The relevant section numbers of the correct applicable Act of Parliament are essential requirements along with relevant legal cases which illustrate the issues.
Students may wish to follow the ‘IRAC’ formula in forming discussions for the problem question.
‘I’ – IDENTIFY’ the issue (Age discrimination)
‘R’ – Explain the ‘RULES’ (the law – legislation and judicial precedents from 2 or 3 Real life United kingdom’sLegal cases) surrounding the relevant area/ issue
‘A’ – APPLY the RULES – the relevant legal principles – to the issue and APPLY legal cases to support the opinion.
‘C’ ­ give a CONCLUSION to the issue. This formula may be used over and over again in addressing all of the issues relating to each of the parties in the assignment question.
An overall conclusion should be given which summarises the situation and suggestions as to how to deal with/prevent this type of problem occurring in the future.
Question 2 Marking criteria on next page please have a look.
Question 2 (The case study/problem question)
Marking criteria Learning Outcomes(as set out in Section 1.3) % of overall mark Mark achieved %
Introduction:
Are the issues emanating from the case study scenario identified and introduced?
Are there brief discussions on how legal principles relate to the question?
1; 2; 3; 4 10%
Contents:
Have the specific issues been defined and identified?
Have suitable legal cases been incorporated as part of the discussions and they used to illustrate the issues in the case scenario?
Has an explanation on the issues identified been provided?
Are the arguments / discussions coherent and applied to the problem question in a logical manner?
1; 2; 3; 4 70%
Conclusion:
Has a coherent conclusion to the issues raised been provided?
Has appropriate advice been given to the parties?
1; 2; 3; 4 10%
Presentation and Academic Rigour:
Have the arguments and conclusions been clearly communicated in an appropriate style of language, including using good spelling and grammar?
Has Harvard referencing been applied correctly?
Have the legal cases discussed been provided with the correct citations? 4 10%
Important advise written on next page MUST read
Further advice
1. Please make sure all cases are given a citation, preferably in the text or, as a minimum, in the list of references /bibliography. For example, ‘Ali v Baba (2015) 1 WLR 239’. The list of references should include a list of the legal cases and legislation mentioned in the answer. The legal cases and legislation are the primary sources of information in a law essay – the student does not have to cite the secondary source where they viewed a case. The student should only give the legal citation, not the website or book where they accessed details of the case. For example, this is the correct reference for this case – London Borough of Tower Hamlets v Mr J Wooster [2009] All ER (D) 160 – not London Borough of Tower Hamlets v Mr J Wooster, Turner, C(2013) Unlocking Employment Law, 383. Students should be able to find the correct legal citations in my Lecture Background notes, or failing that, in the front of every law text book or on westlaw.co.uk.
2. Please make sure all direct and indirect quotations from textbooks, journals or electronic resources are properly referenced (using an ‘in text citation’ or footnote reference in the main body of your answer) and any resources used must be listed in the bibliography. Please do not use the Lecture Notes from the vle or hand-outs and insert it as part of the bibliography or as an in text citation. Please do not use the lecturer’s name as a means by which to illustrate examples in support of the legal principles. NB: For the purpose of the assignment, both Harvard and Oscola referencing systems WILL be accepted.
3. Do not use abbreviations such as ‘eq’, ‘ie’ or simplify words such as ‘because’ to ‘cos’ or ‘for’ to ‘4’. It is important to observe and use good academic English in answering assignment questions, be it an essay or a problem question.
4. Please use proper paragraphs and paraphrasing. A paragraph should not consist of one sentence. There are excellent Guides to writing essays at http://anglia.libguides.com/writing/structure and http://anglia.libguides.com/writing/style
5. As a recommendation, use either ‘Times New Roman’ or ‘Arial’ with a minimum font size of 10, and maximum of 12, with 1.5 spacing.
6. Please familiarise yourself with the specific marking criteria as in the module guide. For instance, marks are allocated for an Introduction and a Conclusion – ensure that you include these for both questions.
7. The answer must not be purely descriptive and efforts must be taken to relate the answer to the question throughout the discussion. However, if students make an assertion they must support it with an academic reference or legal authority (a legal case or legislation).
End of instructions.