Brightman and Co are a newly established media marketing agency and are in the process of drafting their terms and conditions of employment. They have heard that the express terms and conditions of employment are not conclusive and seek your advice on the following:
- Explain and apply the relevant express terms of employment.
[20 marks]
- Explain and apply the relevant employers implied terms of employment.
[25 marks]
- Why do the employers’ implied terms of employment exist?
[15 marks]
- How can they accommodate the relevant implied terms of employment in advance to avoid any potential problems arising at a later date?
[10 marks]
In giving this advice you should write a brief which covers each of the points above, citing legislation and case law in support where relevant.
(1700 words)
AND
Brightman and Co would like your assistance in drafting a gross misconduct clause for inclusion in their terms and conditions of employment taking account of the nature of their business.
Draft a gross misconduct clause that will protect the employer’s interest and cover the conduct that Brightman and Co should identify as acts of gross misconduct.
[20 marks]
(300 words)
[10 marks] will be awarded for overall impression – including presentation, spelling, grammar, mode of Reference
Percentage of final mark
This coursework is worth 30% of the overall mark for this module.
Learning Objectives
Doctrines, principles and values underpinning Employment Law of England & Wales and of the EU; [A1]
Law relating to Employment of England & Wales; [A2]
Sources of English Employment law and its development; [A3]
The function and limits of the law in achieving the goal of Employment; [A5]
Communicate ideas effectively and appropriately both orally and in writing, when discussing issues relevant to the law in practice; [C1]
Use ICT to retrieve and communicate information [C6]
Undertake research using electronic media; [C7]
Word Count for this coursework
(a) The maximum word limit is 2000 words. Footnotes will not count towards word count totals but must only be used for referencing – not the provision of additional text. Bibliographies will not count towards the word total.
Assessment criteria
Marks will be awarded for the citation of case law and legislation where relevant, structure, presentation and English language.
Special instructions
This is a drafting exercise and you are required to write with precision and incorporate/draft relevant terms and conditions in accordance with your instructions.
Expected Reading
Read the chapters on The Contract of Employment: Express and Implied Terms and Dismissal.
Referencing
Despite the unique nature of the instructions, you must still include footnote referencing for all cases, legislation and sources cited as well as a bibliography. The OSCOLA referencing system should be used. Failure to reference and reference properly may be, depending on the circumstances, considered as a matter of academic misconduct.
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