Employment Law

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Assignment front sheet

Unit number and title

Pearson BTEC Level 5 HND Diploma in

Unit 36: Employment Law
Assessor Name: Emmanuel Oduntan

Student name

Date issued

Completion date



Assignment title






Learning outcome


LO1 Understand the
institutions and
systems for individual
employment rights


LO2 Understand the
nature and
scope of the
relationship in its legal
business context
LO3 Be able to apply
the legal
provisions concerned
and safety in a legal
business context

Submitted on

In this assessment you will have the opportunity to present
evidence that shows you are able to:


explain the sources of employment law


evaluate the institutions and enforcement systems for
individual employment rights



differentiate between employees and independent



explain the nature and scope of employment contracts



evaluate the effect of European Union legislation on
the employment relationship
compare and contrast reasons and methods of
terminating the relationship
apply the legal provisions on discrimination to
particular cases




produce an assessment of the relationship between
the developing law on discrimination and human
resource management practices


produce an evaluation of health and safety practice in
a given organisation and compare to best practice



(Page no)



LO4 Understand the
impact on
the employment
of the developing law
in the
areas of human rights
data protection

discuss the impact on the employment relationship of
the legal provisions on human rights


evaluate the application of the data protection
principles and the rights of data subjects in a given


Learner declaration
I certify that the work submitted for this assignment is my own and research sources are fully

Student signature:



In addition to the above PASS criteria, this assignment gives you the opportunity to submit evidence in order to achieve the following MERIT and
Grade Descriptor
Identify and apply
strategies to find
appropriate solutions
Select / design and apply
appropriate methods /
Present and communicate
appropriate findings

Use critical reflection to
evaluate own work and
justify valid conclusions

Take responsibility for
managing and organising

Indicative characteristic/s


Effective judgements have been made
An effective approach to study and research
has been applied.

To achieve M1, you will make effective judgments about the
rules and legal principles affecting the relationship employee
and employer in business context. The use of relevant case
laws is particularly crucial to achieve the above grades.


To achieve M2, you will have used suitable cases and
comparative cases and provide a reasoned judgments of the
case cited.

 Communication is appropriate for familiar and
unfamiliar audiences and appropriate media
have been used.

To achieve M3 the work you present will need to be in an
acceptable format and will use legal terminology accurately
and properly cited.
(All tasks)

Appropriate learning
have been applied.

Conclusions have been arrived at through
synthesis of ideas and have been justified

 Autonomy/independence
 Substantial activities, projects or investigations
have been planned, managed and organised
 Activities have been managed
 The unforeseen has been accommodated
 The importance of interdependence has been
recognised and achieved.

To achieve D1 you will have drawn conclusions which draw
out the links between concept, legislation and case law and
their applications to business organisation.
You will provide an evaluation which suggests how your
conclusions will assist your manager in deciding the
appropriate way of handling related matters in future.

To achieve D2 you will have demonstrated an effective
approach to independent research and study and will have
met the deadline to submit the tasks and achieve the unit
assessment criteria.

Demonstrate convergent
/lateral / creative thinking

To achieve D3 you will have demonstrated creative thinking
and argue the case logically and laterally.


Assignment brief
Unit number and title



Pearson BTEC Level 5 HND Diploma in Business

Start date
Deadline/Hand-in date

Assignment title
Purpose of this assignment
This assignment considers the skills required to understand the law relating to employment
relationships and individual employment rights. It would be a requirement that in employment
relationship you would need to know about the sources, institutions and enforcement systems for
individual employment rights. You would need to know the nature and scope of the employment
relationship in its legal and business context. It also deals with understanding the legal provisions
concerning discrimination, including Health and Safety in business and legal context. You would
also, be in this assignment to consider the impact Human Rights law on the employment
relationship and the Data Protection legislation.
You have recently been employed as a Human Resources Assistant. Your line manager asked you
to provide him with advice on the employee and employer relationship as impacted on the
organisational activity in relation to recruitment, treatment, and industrial relations. In your
advice, you are also required to include the legal rules relating to termination of employment,
selection, most importantly, the issue surrounding discrimination. Finally, you should comment
on the key provisions relating to Health and Safety and the impact of the Human Rights on
employment relationship. You must use court’s case decisions to present your advice and
examples drawn from good practice.
Task 1 (LO1: 1.1, 1.2)
1.1 Explain the Sources of Employment Law and give examples to illustrate your answer.
1.2 A, a plumber was employed as a contractor by B to work on a construction site. Whilst
working on the site, he was injured and threatened to sue his employer. Advise on where to
commence action to enforce his contractual right under the Employment Legislation and
evaluate the effectiveness of the institutions under which he can enforce his rights.
Task 2 (LO2: 2.1, 2.2, 2.3, 2.4)
2.1 John was employed as a painter by A/C company. They provided John with tools, training, and
expected him to carry out his duties as directed by the A/C company.
Joe was employed by BBM Company to work on a project for three months. Joe would be
responsible for his own training, and not being directed or controlled by BBM company.
From the above two scenarios, explain the contractual relationship between the two companies.

Illustrate your answer with some decided cases.

2.2 Contract of employment can either be a contract “of service” or contract “for service”. Explain
the nature and scope of the above terms and description of employment contracts. Illustrate
your answer with some decided cases.
2.3 Britain become a Member of the European Union in 1973. From that time, the European Law
held supreme over all British Legislation. Evaluate the effect of European Union legislation
on the employment relationship and in particular, give examples of decided cases in
employment contract.
2.4 Employment contract can be brought to an end in various ways and circumstances:
(a) Gross Misconduct
(b) Cessation of Work/Relocation of Business
(c) Where the employer constantly subject employee to degrading/undermining behaviour.
In view of the view of the above situations, compare and contrast the reasons and the methods
of terminating employment contract.
Task 3 (LO3: 3.1, 3.2, 3.3)
3.1 Amina applied for a Job as a bus driver with Rockman Bus Company. She was refused
employment because she is a woman, adding that, “it is a man’s job”. Amina felt upset about
Rockman’s refusal of her employment. She sought your advice on her enforcement rights
under employment Legislations. Apply the legal provisions on discrimination to the above
Also, produce an assessment of the relationship between the developing law on discrimination
and Human resources management practices.

3.2 Equality is a very significant aspect of employment in all aspects for both employers and
workers. In view of this statement, compare and contrast the best practice in employment
relationship on discrimination and human resource management practices. To illustrate your
answer, you may choose any organization of your choice.
3.3 Andrew was employed by David as a butcher and lost his hand when it got trapped in a
mincing machine. His right hand had to be amputated at the scene.
The mincer was being used without a guard or a restrictor and was declared a health hazard by
the Health and Safety Executive. Based on the above scenario, you are required to produce an
evaluation of Health and Safety Practice in any organisation with which you are familiar.
Task 4 (LO4: 4.1, 4.2)
4.1 Discuss the impact of Human Rights provisions on employment contractual relationship.
4.2 David, while filling an application form for an employment at Pride & Co company did not
authorize the company to disclose his personal information to other organization or a Statutory
Bodies. However, he got calls from various organisations who confirmed that his details were
supplied by the Pride & Co company.
Evaluate the applications of Data Protection principles and the right of Data-subject in Pride &

Co company.

---End of assignment-


Materials for reading and consulting:

Kidner, R – Blackstone's Statutes on Employment Law 2009-2010 (OUP
2009) ISBN: 9780199569199
Selwyn N – Law of Employment (OUP Oxford, 2008) ISBN: 9780199235865
Specialist employment law sources:
The Industrial Relations Law Reports
People Management (Chartered Institute of Personnel and Development)
More general sources which cover employment law matters:
The Independent
The Times and other law reports in the broadsheet press
General Law journals:
The New Law Journal (LexisNexis Butterworths)
The Modern Law Review (Blackwell Publishing)
www.peoplemanagement.co.uk/law People Management - online
Magazine of the Chartered Institute
of Personnel and Development
Word Count
Learners must state the exact number of words they have used on the assignment submission form
and comply with the word count of 3,500 with a margin of +/- 10%. However, please note that the
calculations, tables, bibliography and appendices are excluded from word counts.
Plagiarism and collusion
Any act of plagiarism and collusion will be seriously dealt with according to the Edexcel plagiarism
policy. Basically, plagiarism occurs when excerpts, ideas, passages taken from other sources are not
properly acknowledged and referenced both in the body of the text and in reference. It is the
learner’s responsibility to ensure that they understand all Edexcel guidelines with regards to
plagiarism and what Edexcel considers to be an academic offence.
Collusion can be understood as the submission of works produced in collaboration for an assignment
based on the assessment of individual work. It is a severe academic offence to share a learner’s work
with others who submit a part or the whole of it as their own work. The College has mechanisms in
place to detect plagiarism and collusion.
Learners must sign the declaration on the front of the assignment submission form.


Submission Guidance and Policies for Edexcel Students
This is an individual assignment. All parts of the assignment are required to be presented in a
professional format, MS Word processed with full citation and references following Harvard system.
Brit College strongly advises the learners to follow the guidance below:
 Brit College prefers Times New Roman 12 or Arial 11 in the body of the text.
 An assignment cover sheet and a receipt must be attached along with each submitted
 All assignments must have clear headings and sub-headings where necessary.
 Make sure you state the word count on the title page.
 Assignments must be printed in black and white.
Late Submission and Resubmission
 Assignments will not be accepted for assessment by lecturers unless an extenuating
circumstances form has been filled in and duly authorized by a member of staff.
 Students will receive the feedback form and guidance from the lecturer to improve in the
areas of their weaknesses on their first submission. Please note that assignments can be resubmitted only once. A resubmitted assignment will be awarded a failed grade should it not
meet the required pass grade marks and results in retaking the module.
 Please note that a resubmitted assignment will earn a maximum pass grade should it
sufficiently meet the required criteria.
 A fine may also apply in case of resubmission.
Extensions and Extra-ordinary Circumstances
 Extensions are only granted for documented medical reasons and/or other documented
serious interruptions relevant to your ability to study.
 Please note that extensions are not allowed due to your inability to organize your work.
 Should there be any extra-ordinary circumstances; the College should be made aware of this
in writing.
 The college preserves the right not to accept or mark the assignment in case you failed to
inform it in time.


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