Mployment Law–Case Report[British Nursing Association v Inland Revenue (2002)] Part1

Must Use:
CASE Court of Appeal
Taylor, S. and Emir, A. (2006) Employment law: an introduction. Oxford: Oxford University Press.
Assessment Brief/ Task
The assessment is an individual task in three parts:

1 Select an employment law case [British Nursing Association v Inland Revenue (2002)]. Summarise the facts of the case and then discuss the key legal issues drawing, where relevant, on both statute law and case law.

(Word count guide: 2500

2. Using appropriate academic source materials, prepare a critique of the broader area of law covered by the case you have considered at (1) above.

(Word count guide: 1500
3. Prepare a briefing document for your employer setting out any recommendations you might want to make on how it might wish to reconsider any organisational policies or practices in the light of the information you have gleaned as a result of (1) and (2).

(Word count guide: 1000

The assignment will need to be written as an ACADEMIC REPORT. This is not an essay but a report style with references in accordance with the Harvard System.

List of cases from which you may select:

British Nursing Association v Inland Revenue (2002)

You will be able to download commentaries and full transcripts of these cases from the IDS Brief database, accessed via public folders. Training will be provided in the early weeks of the module.

Important requirements
(delete where appropriate, if other please provide detail)

Mode of Working: individual

Presentation Format: report

Grade required to pass: D

Assessment limits (words and presentation timings): 5,000 words
(in accordance with assessment tariffs)

Expensive or elaborate bindings and covers of written submissions are not required in most instances. (Refer to guidelines however in the case of dissertations)

Always submit an electronic copy of your written work as well as a paper copy.
Always keep a copy of your work.
Always keep a file of working papers (e.g. photocopied articles) that support the sources used in your work.

The following detail is important when:
(a) preparing for your assessment
(b) when checking your work before submission
(c) when interpreting your grade and feedback after marking.(Note that your work will not be returned to you so always keep a copy of your work for this purpose).
Learning Outcomes Tested
(Insert detail)

Knowledge and Understanding
A4 The analytical and multi-perspective frameworks required to recognise key Employment Law issues which critically impact on employees and employers
Scope: A range of alternative perspectives on individual and collective employment rights within the workplace

A5 The critical factors resulting in effective employment law strategies, policies and procedures required for the successful achievement of corporate goals
Scope: Contracts of employment, recruitment, selection, discipline, dismissal, redundancy, discrimination, Trade Union recognition, consultation, health and safety

Intellectual Skills
B1 Use judgement to identify and gather appropriate data from a range of sources
Scope: Review legal changes within the UK and Europe which impact on the organisation by researching a range of sources

B4 Generate and evaluate a range of workable solutions to multi-faceted problems in a changing organisational environment
Scope: Within the context of exploring an Employment Law related workplace problem/ issue within a familiar organisational setting

Practical Skills
C3 Identify and evaluate key Employment Law issues which impact critically on organisational performance and strategic direction
Scope: Identify key areas of employment law which the organisation needs to respond to

Key Skills
D1 Take responsibility for and organise own learning through self managed and independent study
Scope: Identify personal competence and development requirements in relation to relevant CIPD operational performance indicators within the context of the module

D3 Communicate effectively using a range of media, to either an academic, organisational or mixed audience, as appropriate.
Scope: Provide advice and guidance on dealing with a range of employment law issues

MUST USE(Key Text)
CASE Court of Appeal

Taylor, S. and Emir, A. (2006) Employment law: an introduction. Oxford: Oxford University Press.
Recommended Reading
Barnett, D. and Scrope, H. (2006) Employment law handbook. 3rd ed., London: Law Society.
Daniels, K. (2004) Employment law for HR and business students. London: Chartered Institute of Personnel and Development.
Davies, A.C.L. (2004) Perspectives on labour law. Cambridge: Cambridge University Press.
Epstein, R.A. (1992) Forbidden grounds: the case against employment discrimination laws. Cambridge, Mass.: Harvard University Press.

Hakim, C. (2000) Work-lifestyle choices in the 21st century: preference theory. Oxford: Oxford University Press.
Lewis, D. and Sargeant, M. (2004) Essentials of employment law. 8th ed., London: Chartered Institute of Personnel and Development.
McMullen, J., Tuck, R.and Criddle, B. (2004) Employment tribunal procedure: a users guide to tribunals and appeals. 3rd ed., London: Legal Action Group.
Pitt, G. (2004) Employment law. 5th ed., London: Sweet & Maxwell.
Sargeant, M. (2006) Employment law. 3rd ed., Harlow: Pearson Longman.
Starmer, K. (2006) European human rights law. 2nd ed., London: Legal Action Group.

Avoiding academic misconduct
Collusion, plagiarism and cheating are very serious offences that can result in a student being expelled from the University. The business school has a policy of actively identifying students who engage in academic misconduct of this nature and routinely applying detection techniques including the use of sophisticated software packages.

Avoid collusion
The business school encourages group working, however to avoid collusion always work on your own in order to complete your individual assessments. Do not let fellow students have access to your work before it is submitted and do not be tempted to access the work of others. Refer to your module tutor if you do not understand or you need further guidance.

Avoid plagiarism
You must use available and relevant literature to demonstrate your knowledge of a subject, however to avoid plagiarism you must take great care to acknowledge it properly. You should therefore always use of the Harvard style referencing system in all cases.

Plagiarism is the act of stealing someone elses work and passing it off as your own. This includes incorporating either unattributed direct quotation(s) or substantial paraphrasing from the work of another/others. For this reason it is important that you cite all the sources whose work you have drawn on and reference them fully in accordance with the Harvard referencing standard

Extensive direct quotations in assessed work is ill advised because:
it represents a poor writing style that is unlikely to meet the pass grade marking criteria, and
it could lead to omission errors and a plagiarism offence could be committed accidentally.

Maximising the benefits of team working
Individual assessment must represent an effort prepared and submitted by you. It will contain your solutions to exercises set during the delivery of the module. (Your submission may reflect some contributions arising from group working and classroom presentations).

Maintain a file of evidence (e.g. academic papers used in preparing your assignment)
Must Use:
CASE Court of Appeal
Taylor, S. and Emir, A. (2006) Employment law: an introduction. Oxford: Oxford University Press.