Unit 36: Employment Law
Assessor Name: Emmanuel Oduntan
LO1 Understand the
systems for individual
LO2 Understand the
scope of the
relationship in its legal
LO3 Be able to apply
and safety in a legal
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
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
LO4 Understand the
of the developing law
areas of human rights
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
I certify that the work submitted for this assignment is my own and research sources are fully
In addition to the above PASS criteria, this assignment gives you the opportunity to submit evidence in order to achieve the following MERIT and
Identify and apply
strategies to find
Select / design and apply
appropriate methods /
Present and communicate
Use critical reflection to
evaluate own work and
justify valid conclusions
Take responsibility for
managing and organising
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
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.
have been applied.
Conclusions have been arrived at through
synthesis of ideas and have been justified
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
To achieve D3 you will have demonstrated creative thinking
and argue the case logically and laterally.
Unit number and title
UNIT 36: EMPLOYMENT LAW
Pearson BTEC Level 5 HND Diploma in Business
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
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 &
---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 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
Learners must state the exact number of words they have used on the assignment submission form
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