Legal Framework in Employment

• Identify and explain the sources of law which impact upon the employment relationship and appreciate both the impact of E.C. law and the continuing evolution of Employment law

• Demonstrate knowledge and understanding of the legal principles governing the employment relationship

• Research appropriate legal resources and demonstrate an ability to apply legal principles to realistic factual scenarios containing employment law issues. In addition be able to provide reasoned advice in answer to employment law problems.

• Evaluate organisational policies and practices put in place to regulate the employment relationship in the light of legal obligations

• Examine the role of the state and other bodies in relation to employment relationship

Grading/ Marking Criteria: Students are requested to familiarise themselves with the criteria. The document is located within the module assessment folder on blackboard as well as at the end of this document.
The criteria for a PASS (40%-49%) are as follows:
Substance
Whilst it is accepted that information will be reproduced and that there will be errors and misconceptions, students must even at this level demonstrate basic knowledge and understanding of the statutory and common law provisions governing duties owed between employer and employees, Equality Act 2010 provisions and termination of employment.
In respect of criticality, whilst the scripts falling within this band will show description or a repeat of given facts, students must still show a basic level of critical analysis of the law whether statutory or common law such as cases. Criticality involves three stages – stage 1 involves analysis of the specific regulations and statutory provisions governing this area as well as principles established by relevant case law. Most of this will be from the lecture and seminar sessions rather than from further and better reading. Stage 2 requires application of these principles to the facts given in the scenario. Scripts falling into this category will normally provide superficial application which will show lack of reading or understanding of relevant legal provisions. Finally, stage 3 involves drawing relevant conclusions and applying them to the facts given so that a legally-evidenced advice is given to Craig and Melissa. Most scripts in this category will fail to properly advise the parties and even where such advice is proffered; it will be superficial without much supporting legal evidence to back up arguments or the legal authority. Examples commonly falling into this category are those scripts where students would normally write ‘Craig and Melissa should have or could have; if only Craig and Melissa did this or that; or that The Carriage as employers should have some policies in place to deter this kind of events taking place; or that Craig and Melissa should seek legal advice from a solicitor!
Form
In terms of form, scripts falling within this category will show spelling and grammatical mistakes, muddled expressions, incorrect language and some attempt at Harvard referencing style although some inaccuracies and inconsistencies will be evident.

ASSESSMENT 2 QUESTION
The Carriage is a Michelin star restaurant in Creigiau. It is famous for its use of fresh, local produce as well as its innovative and artistic dishes. Rhodri, the head chef at The Carriage, is passionate about his job. He is however, also known for his demanding nature and volatile temper.

Craig is the pastry chef and has worked at The Carriage for nine years. During a very busy Friday evening, Craig was struggling to keep up. His wife is seriously unwell in hospital undergoing tests. In addition to this, his assistant pastry chef, Rob, has been making mistakes with the caramel biscuits. In helping Rob, Craig was falling behind with his preparation.

When Gareth, the head waiter, told Craig that the dessert orders were mixed up and one of the caramel biscuits was broken, Craig apologised and went to rectify the problem. However, Rhodri overheard the conversation and confronted Craig, saying that it was unacceptable that he made two mistakes in one evening. Craig was trying to explain to Rhodri about his wife and Rob when Rhodri shouted: ‘Excuses, excuses, excuses… I have had enough of you Craig.

Frankly, your performance has been poor over the past week. You are shockingly amateur and a disgrace to The Carriage. You are not fit to grill a burger. I cannot put up with this any more!’ As the entire kitchen overheard Rhodri’s exclamation, Craig felt embarrassed and humiliated. He shouted: ‘You have made it impossible for me to carry on working here. Stuff this.’ Craig threw down his apron and walked out of the kitchen. An hour later, Rhodri sent Craig a text message and said that Craig was dismissed with immediate effect.

Melissa, one of the waitresses at The Carriage, was in the kitchen and was upset by the incident. She started crying and was comforted by Harold, a waiter. Harold hugged her and started kissing her. Melissa felt uncomfortable and told him to stop but he carried on. Everyone in the kitchen was still too shocked by Craig’s departure to do anything.

Advise Craig and Melissa as to whether they have any claim(s) against The Carriage. You should also consider the potential remedies available to them.
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