Lord Ashcroft International Business School

Employment Law

Department: Human Resource Management and Organisational Behaviour Module Code: MOD000951 Level: 6 Academic Year: 2014/15 Semester/Trimester: One

Module Guide

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Contents 1. Key Information ............................................................................................................................. 2 2. Introduction to the Module ............................................................................................................. 2

2.1 Employability skills delivered in this Module ............................................................................ 3 3. Attendance .................................................................................................................................... 5 4. Learning Outcomes and Outline Delivery ...................................................................................... 6 5. Assessment .................................................................................................................................. 9

5.3. Submitting your work via Turnitin/Grademark® [Cambridge and Chelmsford students] ........ 16 5.3 Submitting your work [Students in all other locations at Associate Colleges] ......................... 18 5.4. Feedback ............................................................................................................................. 18

6. How is My Work Marked? ........................................................................................................... 20 7. Assessment Criteria and Marking Standards .............................................................................. 23

7.1 Specific Assessment Criteria and Marking Rubric or Grading Form ...................................... 23 7.2 University Generic Assessment Criteria ................................................................................ 25

8. Assessment Offences ................................................................................................................. 26 9. Learning Resources .................................................................................................................... 28

9.1. Library .................................................................................................................................. 28 10. Module Evaluation .................................................................................................................... 28 11. Report on Last Delivery of Module ............................................................................................ 28 Appendix 1: Re-Assessment Information ........................................................................................ 30

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1. Key Information

Module title: Employment Law Module Leader: Dr Diane Irving

Room 312 Lord Ashcroft International Business School

East Road Cambridge

01245 493131 Ext 2229 Email: diane.irving@anglia.ac.uk

Module Tutor: Dr Diane Irving Every module has a Module Definition Form (MDF) which is the officially validated record of the module. You can access the MDF for this module in three ways via:

the Virtual Learning Environment (VLE)

the My.Anglia Module Catalogue at www.anglia.ac.uk/modulecatalogue

Anglia Ruskin’s module search engine facility at www.anglia.ac.uk/modules All modules delivered by Anglia Ruskin University at its main campuses in the UK and at Associate Colleges throughout the UK and overseas are governed by the Academic Regulations. You can view these at www.anglia.ac.uk/academicregs. An extract of the Academic Regulations, known as the Assessment Regulations, is available at this website too (all new students will have received a printed copy as part of their welcome pack). In the unlikely event of any discrepancy between the Academic Regulations and any other publication, including this module guide, the Academic Regulations, as the definitive document, take precedence over all other publications and will be applied in all cases.

2. Introduction to the Module

Recent decades have seen a substantial increase in the extent to which the employment relationship in the UK, Eire and the EU is regulated through employment legislation. This module introduces the major areas of employment legislation and the employment law system, focusing in particular on ways in which day-to-day employment activities are subjected to some form of regulation. This is intended to provide an overview, rather than to focus in detail on the operation of specific employment laws, for those who need to understand and be able to evaluate emerging developments in the management of the employment relationship in local and international jurisdictions. It provides an outline of the sources of employment law, including the part that is played by the European Union in employment law enactment and enforcement. It examines the role of the Courts and Tribunals in establishing case precedent. The formal description of the module is to be found in Section 6a of the MDF which is obtainable via the module search engine facility www.anglia.ac.uk/modules. The Employment Law module is delivered via 2 hour sessions and a variety of approaches to learning and teaching will be used in these sessions. These will include the use of case study material legal case materials, role play exercises and group and class discussions. Students will gain most from active participation in such exercises and consistent attendance at sessions. The teaching schedule is designed to provide students with a sound grasp of Employment Law as a key part of their toolkit as effective business professionals and to develop the ability to understand and apply Statute and case law in practical work-based circumstances. Students will

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develop the skills necessary for the thinking practitioner to develop their own organisations, the necessary practices, processes, policies and structures to enable the smooth handling of legal issues, including the introduction of change and the resolution of conflict where it arises. One of the main focuses for the design of this module is the further development of relevant employability and professional skills. Such skills are implicit in the learning outcomes. The constituents of the employment contract are considered along with the importance of the status of the employment contract. The law on equality and discrimination will be explored along with the basic principles of health and safety law. Employment contract termination will also be reviewed. The module focuses on the following themes: • The bodies of the EU and the impact of the EU on the development of employment law • The UK Court Structure • The Law of contract • Dismissals • Discrimination • Employment Law skills • Understanding and relating Case Law and legislation to practical situations The Case Study Scenarios which you have to evaluate for your assignment are designed to “test” whether you recognise the source of the law that applies and that you have analysed the “facts” from the scenarios and applied legal sources to them in a rigorous way, so as to demonstrate that you know, understand, and can use and transfer knowledge to a practical situation.

2.1 Employability skills delivered in this Module

It is important that we help you develop employability skills throughout your course which will assist you in securing employment and supporting you in your future career. During your course you will acquire a wide range of key skills. In this module, you will develop those identified below:

SKILL Skills acquired in this module

Communication (oral) X

Communication (written) X

Commercial Awareness X

Cultural sensitivity X

Customer focus X

Data Handling X

Decision making X

Enterprising

Flexibility X

Initiative X

Interpersonal Skills X

Leadership/Management of others X

Networking X

Organisational adaptability X

Project Management X

Problem Solving and analytical skills X

Responsibility X

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Team working X

Time Management X

Other X

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3. Attendance

Attending all your classes is very important and one of the best ways to help you succeed in this module. In accordance with the Student Charter, you are expected to arrive on time and take an active part in all your timetabled classes. If you are unable to attend a class for a valid reason (e.g.: illness), please contact your Module Tutor. Anglia Ruskin will closely monitor the attendance of all students and will contact you by e-mail if you have been absent without notice for two weeks. Continued absence can result in various consequences including the termination of your registration as you will be considered to have withdrawn from your studies. International students who are non-EEA nationals and in possession of entry clearance/leave to remain as a student (Tier 4 student visa) are required to be in regular attendance at Anglia Ruskin. Failure to do so is considered to be a breach of national immigration regulations. Failure to do so will have serious implications for your immigration status in the UK. Anglia Ruskin, like all British Universities, is statutorily obliged to inform UK Visa & Immigration (Home Office) of significant unauthorised absences by any student visa holders.

4. Learning Outcomes and Outline Delivery

Anglia Ruskin modules are taught on the basis of intended learning outcomes and it is expected that, on successful completion of the module, students will be able to demonstrate that they have met the following outcomes which relate to both 1) and 2) Knowledge and Understanding below and also 3) and 4) Intellectual, Practical, Affective and Transferable skills.

On successful completion of this module the student will be expected to be able to:

1.Knowledge and understanding

Recognise the varied sources of employment law, including the role of the Courts and Tribunals in clarifying statute law and setting legal precedents. Understand and critically evaluate competing approaches that contextualise contemporary developments in employment relations; contemporary labour market trends and data.

2.Knowledge and understanding

Appraise critically through comprehensive understanding the main sources of employment legislation and the relevance of a variety of legal protections for “workers”, “employees” and the “self-employed”.

3.Intellectual, practical, affective and transferable skills

Manage recruitment and selection activities lawfully and know how to manage change and re-organisation lawfully.

4.Intellectual, practical, affective and transferable skills

Manage issues relating to pay and working time lawfully, ensure that staff are treated lawfully when they are at work and manage performance and disciplinary matters lawfully.

Note: These learning outcomes are set out in Section 7 of the Module Definition form.

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Outline Delivery

The table below is indicative only and will be customised as necessary based on student needs.

Wk Lecture Seminar/Workshop Student-managed learning Students should attempt to read ONE of the suggested textbooks each week

1

Introduction to the Module Sources of employment law Courts and the tribunal system

What does employment legislation look like? Legal case reports – how to find and read them Q to prepare for week 2: What is meant by employment protection? Who is covered by employment protection? Who is not?

Reading: Turner, Chris (2013) Unlocking Employment Law Abingdon: Routledge. Chapters 1, 2 and 3.1 Lewis, David and Sargeant, Malcolm (2013) Employment Law: The Essentials 12th Edition London: CIPD. Chapter 1 Taylor, Stephen and Emir, Astra (2012) Employment Law: An Introduction 3rd Edition Oxford: OUP. Chapter 2

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The contract of employment The S1 statement Reading: Turner, Chris (2013) Unlocking Employment Law Abingdon: Routledge. Chapter 5 Lewis, David and Sargeant, Malcolm (2013) Employment Law: The Essentials 12th Edition London: CIPD. Chapter 2 plus pp.40-42 (for restrictive covenants) Taylor, Stephen and Emir, Astra (2012) Employment Law: An Introduction 3rd Edition Oxford: OUP. Chapter 7

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Implied terms and employee status Tests for being an employee The difference between “workers” and “employees” Case to review: Ready Mixed Concrete v MPNI [1968] QB 497 Q: Who is an ‘employee’? What is ‘self-employment’? What are the expectations on an employer? What are the expectations on an employee?

Reading: Turner, Chris (2013) Unlocking Employment Law Abingdon: Routledge. Chapter 4 (for employee status) and Chapter 7 (for implied terms) Lewis, David and Sargeant, Malcolm (2013) Employment Law: The Essentials 12th Edition London: CIPD. Chapter 3 (for implied terms) and Chapter 4 (for employee status) Taylor, Stephen and Emir, Astra (2012) Employment Law: An Introduction 3rd Edition Oxford: OUP. Chapter 3 (for employee status) and Chapter 8 (for implied terms)

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Dismissal: Termination of the contract 1 Constructive and wrongful dismissal The importance of the process to a fair dismissal

Reading: Turner, Chris (2013) Unlocking Employment Law Abingdon: Routledge. Chapters 19, 20 and 21

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Lewis, David and Sargeant, Malcolm (2013) Employment Law: The Essentials 12th Edition London: CIPD. Chapters 11 and 12 (for termination) and pp. 38-39 (for references) Taylor, Stephen and Emir, Astra (2012) Employment Law: An Introduction 3rd Edition Oxford: OUP. Chapter 9

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Dismissal: Termination of the contract 2 - Unfair dismissal

What is a “potentially” fair dismissal and what is “potentially” unfair? Discuss the following: Is it more accurate to say that “unfair” dismissal would be better named “unreasonable” dismissal? Review case: BHS v Burchell [1980] IRLR 379

Reading: Turner, Chris (2013) Unlocking Employment Law Abingdon: Routledge. Chapter 22 Lewis, David and Sargeant, Malcolm (2013) Employment Law: The Essentials 12th Edition London: CIPD. Chapters 12 and 13 (for unfair dismissal) plus pp. 292-301 for remedies Taylor, Stephen and Emir, Astra (2012) Employment Law: An Introduction 3rd Edition Oxford: OUP. Chapters 4 and 5

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Dismissal : Redundancy and TUPE What is redundancy? How is it defined? Discussion: What do you consider to be most important factor in handling redundancy competently?

Reading: Turner, Chris (2013) Unlocking Employment Law Abingdon: Routledge. Chapter 18 (for TUPE) and Chapter 23 (for redundancy) Lewis, David and Sargeant, Malcolm (2013) Employment Law: The Essentials 12th Edition London: CIPD. Chapters 14 and 15 (for redundancy) and Chapter 16 (for TUPE) Taylor, Stephen and Emir, Astra (2012) Employment Law: An Introduction 3rd Edition Oxford: OUP. Chapter 6 (for redundancy) and Chapter 23 (for TUPE)

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Formative group exercise on a dismissal scenario

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Discrimination 1: Protected groups and prohibited conduct

Sources of Discrimination law Reading: Turner, Chris (2013) Unlocking Employment Law Abingdon: Routledge. Chapter 9 Lewis, David and Sargeant, Malcolm (2013) Employment Law: The Essentials 12th Edition London: CIPD. Chapters 6 and 7 Taylor, Stephen and Emir, Astra (2012) Employment Law: An Introduction 3rd Edition Oxford: OUP. Chapters 10 and 11

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Discrimination 2: Sex, sex-related and race discrimination

Equal Pay Reading: Turner, Chris (2013) Unlocking Employment Law Abingdon: Routledge. Chapters 10, 11 and 12 Lewis, David and Sargeant, Malcolm (2013) Employment Law: The Essentials 12th Edition London: CIPD. Chapters 6 and 7 Taylor, Stephen and Emir, Astra (2012) Employment Law: An Introduction 3rd Edition Oxford: OUP. Chapters 14, 16, 17 and 18

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Discrimination 3: Age, disability and religion and belief discrimination

Remedies Reading: Turner, Chris (2013) Unlocking Employment Law Abingdon: Routledge. Chapters 13, 14 and 15 Lewis, David and Sargeant, Malcolm (2013) Employment Law: The Essentials 12th Edition London: CIPD. Chapters 6 and 7 Taylor, Stephen and Emir, Astra (2012) Employment Law: An Introduction 3rd Edition Oxford: OUP. Chapters 12, 13 and 15

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Statutory Rights and Review of further employment legislation – Working Time Regulations, National Minimum Wage Act, Health and Safety etc

Introduction to the Mock Tribunal Exercise Reading: Turner, Chris (2013) Unlocking Employment Law Abingdon: Routledge. Chapters 8 and 16 Lewis, David and Sargeant, Malcolm (2013) Employment Law: The Essentials 12th Edition London: CIPD. Chapters 5, 8, 9 and 10 Taylor, Stephen and Emir, Astra (2012) Employment Law: An Introduction 3rd Edition Oxford: OUP. Chapters 20, 21, 22, 24 and 26

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Mock Tribunal Exercise Reading: Turner, Chris (2013) Unlocking Employment Law Abingdon: Routledge. Chapter 3.2 Lewis, David and Sargeant, Malcolm (2013) Employment Law: The Essentials 12th Edition London: CIPD. pp. 287-8 Taylor, Stephen and Emir, Astra (2012) Employment Law: An Introduction 3rd Edition Oxford: OUP. Chapters 30 and 31

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5. Assessment The assessment for this module consists of one element.

Part Type of assessment Word or time limit

Submission method

Submission dates

1 Written assignment evaluating two workplace scenarios

3,000 words

hard copy *******PLEASE NOTE DATE********** Wednesday 7th Jan, 2015 by 5pm

Assessment is by means of coursework. The coursework represents 100% of the total marks. The coursework has two questions, each of which will consist of a scenario concerning problems which have occurred in a workplace. The students will be required to analyse and apply the law to the given problem, manage and communicate their evaluations appropriately and proffer their advice/recommendations effectively. Both scenarios must be attempted and each is worth 50% of the total mark.

You will be marked according to the following criteria: -

Assignment 010

For each of the two assignments:

Mark Learning Outcome

(Section 3 of this document)

1. Use and application of the relevant law to underpin the analysis, including Statute, case law and legal definitions. Have the specific issues been identified and defined and have suitable legal cases and legislation been incorporated as part of the discussions?

15% 2, 4

2. Analysis and matching of facts of scenario to the law and any relevant good practice guidelines, for example, the ACAS Code of Practice on Disciplinary and Grievance. Has an explanation of the issues identified been provided and are the arguments / discussions coherent and applied to the problem question?

20% 1, 2, 3, 4

3. Appropriate recommendations on action to be taken and measures for future prevention of problem.

5% 1, 2, 3, 4

4. Detail of presentation, including accurate referencing of cases, Statutes and other sources, use of Harvard referencing, spelling and grammar.

5% 1, 3, 4

5. Appropriate structure of report - demonstrating thorough consideration and arrangement of material whilst revealing a systematic approach to producing a coherent answer. This should include the provision of an introduction, an analysis broken down into relevant sections and, if necessary, sub-sections, a conclusion and a list of references and bibliography.

5% 1, 3, 4

TOTAL MARKS 50%

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All coursework assignments and other forms of assessment must be submitted by the published deadline which is detailed above. It is your responsibility to know when work is due to be submitted – ignorance of the deadline date will not be accepted as a reason for late or non-submission. Any late work (posted to Turnitin/Grademark® in UK campuses, or handed in at non-UK campuses) will NOT be considered and a mark of zero will be awarded for the assessment task in question. You are requested to keep a copy of your work. You are reminded to check your results on e-vision. If you fail the assessment and need to resubmit, the resubmission assignment at the end of this Module Guide must be completed NOT the original assignment. Assignment 010

ANGLIA RUSKIN UNIVERSITY

ACADEMIC YEAR 2014/2015 SEMESTER ONE: ASSESSED COURSEWORK

EMPLOYMENT LAW

MODULE CODE: MOD000951

INSTRUCTIONS Word Limit: 3,000 Assessment Weighting: 100% Assessment criteria as stated above and according to the criteria on page 23 of this Module Guide Submission Date: 7th Jan, 2015 by 2pm Number of questions set: ONE QUESTION WITH TWO PARTS. You must attempt both scenarios and are advised to split the 3,000 word count evenly between the two (ie approximately 1,500 words for each scenario)/ You must use appropriate case law and legislation to support your answers. Answer BOTH of the problem scenarios. Background information The following case scenarios concern a medium sized organisation, the Best Kitchens Company Ltd., which employs 240 workers. The company manufactures and sells kitchen units and operates from a main site in Camford and a number of small showrooms throughout the country. The Sales department is split into two divisions – one is ‘Retail’ sales where individual customers can purchase kitchen units direct from the company via the showrooms; the other division is ‘Commercial’ sales where builders and other organisations purchase the units, mostly in bulk. You were appointed as HR Manager one month ago when you replaced the previous ‘office manager’, Derek Grey, who recently retired. When you arrived in your new job you discovered that there were few up to date policies and procedures for the management of human resources, and many decisions have been made by line managers with no clear guidance from Derek Grey, who had concentrated on the line management of the small team of general staff. There appears to have been no formal training on handling difficult HR issues for line management. There is a formal disciplinary procedure and a formal grievance procedure in place, both of which appear to have been copied from an out-dated Government website without modification – extracts from these are included at the end of the case scenario outlines.

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You are asked to prepare reports which set out the legal issues that have arisen in the following two scenarios and give your advice on the steps that should be taken by the company to address these problems. Scenario One Keith Perkins, aged 29, works for Best Kitchens in the manufacturing workshop where the kitchen units are assembled. When Keith started work 3 years ago he was asked by his line manager to sign the standard contract confirming his terms and conditions. The contract refers to Keith as being “a worker” whilst at Best Kitchens. The contract also contains a clause which states “In the event of the worker being unable or unwilling to perform the services personally, he shall arrange at his own expense entirely, for another suitable person to perform the service”. Keith does not really understand what this clause means but he has, in any event, always turned up to work. He receives a weekly salary of £300 in return for working a 35 hour week, 9 – 5pm Monday to Friday. His wage is paid directly to him via a monthly direct debit into his bank account and his tax and National Insurance is deducted directly by Best Kitchens. The company pay for his safety boots and overalls which he keeps in his personal locker and for the past two years he has received free membership at a local sports club as an additional benefit. Keith’s job involves assembling the wooden kitchen units and fixing the plastic legs and feet onto the bottom of the units. It is a tedious job and in order to alleviate the boredom Keith is known to engage in ‘horseplay’ in the workshop and he is known as a ‘joker’ at work. A couple of months ago Keith’s supervisor, Paul Saxton, complained to the Production Manager, Soheal Malik, about Keith’s attitude. The assembly line is monitored by CCTV but Soheal has never seen Keith doing anything that appeared to be unacceptable or ‘bad’ behaviour and Keith has never been formally disciplined at work. Nonetheless, following Paul’s comments, Soheal had a quiet word with him last month and told him that he had to “grow up and stop messing around”. One day last month Keith left the assembly line to go for his coffee break. His friend Jock, who had previously been the victim of one of Keith’s practical jokes, decided to repay him and he undid the screws in the last kitchen unit that Keith had assembled. When Keith returned to the workshop he leant on the kitchen unit and it collapsed on the floor. He fell on the ground and everyone started to laugh. Paul Saxton walked over to the area and asked what was happening as everyone was standing around laughing, having stopped work. When Paul saw Keith lying on the floor on a broken kitchen unit he became angry and shouted to him: “My office - 10 minutes on your own!” Keith went to Paul’s office as requested. He was given no time to prepare for the meeting, which lasted only a short time as Paul shouted to him as he walked in “This is the last straw, you’ve done it this time – you’ll never change you idiot. Leave and don’t come back!” When Keith attempted to explain what had happened, Paul interjected and said “Look, I’ve heard it all before from you – I’m not interested in hearing another story – go”. Keith left the workshop immediately but lodged a subsequent appeal against the dismissal. During the appeal hearing the next week, which was heard by Soheal Malik on his own, Keith was not afforded the opportunity to ask any questions or present any evidence. Soheal simply read out a pre-prepared statement saying “In the light of your previous disciplinary record the company will not be reversing its decision to dismiss”. Keith has since visited the local law centre and has submitted an ET1 form to the Employment Tribunal. You received notice of this today. You are asked to prepare a report which sets out the legal issues that have arisen in this scenario and give your advice on the steps that should be taken by the company. Scenario Two The sales representatives in the Commercial division of Best Kitchens spend their mornings visiting building sites, where they measure and talk through kitchen design specifications with their builder clients. In the afternoon they come back to the main Commercial sales office at Camford, draw up detailed plans of the kitchens and work out the costs for the builders.

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One of the sales representatives, Michael Jobling, was asked by his line manager, Faraz Ashwah, to come in this morning to talk about his frequent absences from work. Michael has been with the company for just over 10 months. Michael has been a very unreliable worker, having had six periods of illness each of approximately 1-2 weeks duration since he started work with the company. His doctor’s notes sent to the company usually indicated that he was suffering from “distress and debility”. Faraz believes that Michael’s poor attendance and frequent illnesses have caused real problems; he wants to dismiss Michael because of his unreliability. Michael’s absences have indeed been causing disruption to the other sales representatives who have had to cover his work, especially since Michael does not always phone in at the start of the first working day of absence and has been known to leave it until the afternoon before contacting the company. Faraz says that Michael has never fitted into the somewhat “laddish” culture in the department and has kept himself to himself; nobody knows much about his home life. Faraz called Michael into his office today to discuss the fact that Michael had been off sick again for the past two weeks. It was during part of that conversation, when Faraz was trying to tell Michael that his job was under threat, that Michael suddenly blurted out that he’d “felt trapped in a man’s body for years, when he should really be a woman.” Michael said that he intends to undertake gender reassignment over the coming 12-24 months. Michael intends to become Michelle Jobling and he stated that he wishes to continue in his current role throughout the treatment and after he becomes Michelle. The change in sex will mean that, when his gender change is completed, she will be the first female sales representative in the Commercial division at Best Kitchens. Michael has told Faraz that he wishes to start dressing as a female within the next couple of weeks as it is part of the gender reassignment process that he will have to start living as a female for some months before the final stage of the treatment can occur. Michael has asked that a new uniform is designed for his new status; he said that he does not mind wearing trousers because of the nature of the work, but that the current short-sleeved shirt and tie will not be suitable for a woman. He has asked to be allowed to design his own outfit and to be able to pick his own preference for safety footwear to wear on the building sites. He has also confirmed that his treatment will mean he will need significant time-off for periods of treatment and recuperation; he has just started the necessary hormone treatment. Faraz did not know what to say to Michael and he has rushed up to your office to ask for your help. He asks you for your advice as to what he should do about the frequent illnesses and absences. He tells you that, on a practical point, the Commercial sales office is only equipped with a small, communal male lavatory, although the admin office on the top floor upstairs has a single cloakroom / “ladies” which was installed a few years ago for the ladies who work in the admin office. He is not sure how the ladies will react to sharing this facility with Michael. He also points out that it is a rare building site which has a proper lavatory - never mind one for a woman! He is particularly concerned about the following interpersonal issues:

how will Michael’s colleagues react?

how will the clients react and if there is an issue off-site what is the company responsibility?

how should he, as his line manager, deal with any issues?

You are asked to prepare a report which sets out the legal issues that have arisen in this scenario and give your advice on the steps that should be taken by the company. Further Case Scenario Background Information:

Best Kitchens Disciplinary Procedures (extract)

1) Purpose and Scope The Company’s aim is to encourage and help individuals to improve their conduct and achieve and maintain standards of job performance and attendance. The company rules are in your staff handbook and are also displayed in the general office at each site. This procedure applies to all employees. The aim is to ensure consistent and fair treatment for all.

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2) Principles

a) The disciplinary procedure is designed to establish the facts quickly and to deal consistently with

disciplinary issues. No disciplinary action will be taken until the matter has been fully investigated. b) Employees will be informed of any allegations against them at least 3 days before any formal

disciplinary meeting is held. c) At final stages only, employees will have the opportunity to state their case and be represented, if

they wish, at the hearings by a fellow worker where deemed appropriate. d) No employee will be dismissed for a first breach of discipline except in the case of gross misconduct

when the penalty will be dismissal without notice or payment in lieu of notice. e) The procedure may be implemented at any stage if the employee’s alleged misconduct warrants

such action.

3) The Procedure Minor faults will be dealt with informally but where the matter is more serious the following procedure will be used: Stage 1 - Oral Warning If conduct or performance does not meet acceptable standards the employee will normally be given a formal oral warning, which will be recorded, but will be “spent” after 6 months, subject to satisfactory conduct and performance. S/he will be advised of the reason for the warning, that it is the first stage of the disciplinary procedure, and of his or her right of appeal. Stage 2 - Written Warning If the offence is a serious one, or if a further offence occurs, a WRITTEN WARNING will be given to the employee by the supervisor. This will give details of the complaint, the improvement required and the timescale. It will warn that action under Stage 3 (below) will be considered if there is no satisfactory improvement and will advise of the right of appeal. A copy of this warning will be kept on the individuals personnel file, but will be regarded as “spent” after 12 months of satisfactory conduct and performance. Stage 3 - Final written warning or disciplinary suspension If there is still a failure to improve either conduct or performance to a satisfactory level; or, if the misconduct is sufficiently serious to warrant only one written warning but not sufficiently serious to warrant dismissal (in effect both a first and final warning) A FINAL WRITTEN WARNING will be given to the employee. This will give details of the complaint, and warn that dismissal will result if there is no satisfactory improvement within a specified timescale, and will advise of the right of appeal. A copy of this final written warning will be kept by the line manager but it will be “spent” after 24 months, subject to satisfactory conduct and performance. Alternatively, consideration may be given to imposing a penalty of a disciplinary suspension without pay for up to a maximum of five working days. Stage 4 – Dismissal If conduct or performance is still unsatisfactory and the employee fails to reach the prescribed standard DISMISSAL will normally result. An appropriate senior manager can take the decision to dismiss. The employee will be provided, as soon as reasonably practicable, with written reasons for the dismissal and the date on which the employment will terminate.

4) Appeals

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An employee who wishes to appeal against a disciplinary decision should inform the Human Resources Manager within two working days. An appropriate manager along with the HR Manager will hear the appeal and their decision will be final. At the appeal any disciplinary penalty imposed may be reviewed but cannot be increased.

5) Gross Misconduct The following list provides examples of offences that are normally regarded by the Company as gross misconduct:

Theft, fraud, deliberate falsification of records, deliberate damage to company property

Fighting, and physical assault on another person

Serious incapability through alcohol or being under the influence of illegal drugs

Any operation of machinery after taking any alcohol or drugs which impair abilities to operate machinery

Serious negligence which causes unacceptable loss, damage or injury

Serious act of insubordination

Any periods of absence exceeding 3 days without “good cause” and without the express permission of management (employees should note the sickness absence reporting procedure in staff handbook) If you are accused of an act of gross misconduct, you may be suspended from work on full pay, normally for no more than five working days, while the company investigates the alleged offence. If, on completion of the investigation and the disciplinary procedure, the company is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice.

Best Kitchens Grievance Procedure (extract)

Purpose and Scope This Procedure applies to all current employees of the company and covers all issues which are amenable to local determination and resolution. The guiding principle of this Procedure is that issues should be resolved as near their point of origin as possible and as soon as possible. In consequence the timescales included in the Procedure may be extended or shortened by mutual consent. Stage 1 An employee who wishes to raise any issue in which s/he is directly concerned must first raise it with their immediate manager, making it clear that s/he is taking the first step in the procedure. Stage 2 Their immediate manager will arrange a meeting as quickly as possible so that the issue can be discussed with the employee(s). This meeting will be held in a room away from the general work environment. If a satisfactory solution has not been reached within a maximum of 5 working days the employee may refer the issue to their Manager’s superior under Stage 3 of the Procedure. Stage 3 The Manager’s superior will arrange a meeting as quickly as possible so that the issue can be discussed with the employee(s). If the employee wishes to have a fellow employee as their

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representative present at this meeting, then the employee must notify the manager of their representative’s name and they will be invited to attend. If a satisfactory solution has not been reached within seven working days, the employee may refer the issue to the HR Manager who will arrange for a Senior Manager to meet with the employee(s) and (where requested) their representative under stage 4 below. Stage 4 The Senior Manager will arrange a meeting as soon as possible so that the issue can be discussed with the employee(s) and his/her representative – this meeting shall take place not more than seven working days from the employee’s request. If the Senior Manager is unable to resolve the grievance, the employee(s) can request a final “Appeal” meeting with the Managing Director. Final Appeal Meeting The Managing Director will arrange a meeting with the employee(s) and his/her representative in no less than 7 working days (subject to his/her availability). Any decision taken by the Managing Director to resolve the grievance at this stage is final. Note: If the grievance involves a complaint against the immediate manager of the employee(s) the matter can be referred, in the first instance directly to the Manager’s superior (as under stage 3). However, the immediate manager must be informed in writing of the grievance against him/her.

Extracts from Best Kitchens Staff Handbook: “Sickness absence reporting: All staff who are unable to attend work because of illness must telephone into their depot and speak to their line manager by no later than 10.00 am on the first morning of illness. If the illness is likely to last more than 1 week (6 continuous working days) then a doctors’ certificate is required. If an employee is unable personally to telephone in, then they can ask another person – i.e. relative or spouse, to call in on their behalf. Failure to notify the company as above may be treated as unauthorised absence under the disciplinary procedure”. “Holidays: All staff are entitled to 20 days paid holiday a year, plus all official Bank Holidays. The holiday year is from 1 October to the 30th September annually. All requests to take leave must be approved by your Manager, and will not normally be refused unless the needs of the service require you to work. To avoid any possible disappointment, you should always clear holiday dates with your Manager well in advance before making bookings or travel arrangements. Holiday entitlement must be used by end of each holiday year. Your Manager will advise you if, for operational reasons, you are required to take leave at certain times of the year. However, due to the nature of our business there is an expectation that, where possible, the majority of your holiday entitlement will be taken during the months of July and August as these are the slowest business months for the Company. If your employment begins or ends part way through the leave year, your holiday entitlement for that year will be calculated on a pro-rata basis for each complete calendar month of service”.

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“Other Absence: Special Leave or temporary changes to working times If employees have domestic, family or personal reasons, then unpaid leave of a short duration may be allowed at the discretion of your manager. If there are domestic, family or personal reasons for changes in your working times, these should be discussed and agreed with your Manager.”

Advice for Assignment 010: Structure: The advice should be in report format, with clear headings, paragraphs, sub-sections and numbering where appropriate. The reports should as a minimum have at least the following sections: a) Introduction: A very brief outline of the key issues, background/situation in scenario etc. b) Findings: An analysis of the legal position should be included, using legislation and case law to define the issues involved on both sides. c) Conclusions: What the legal position is believed to be. d) Recommendations: What the company needs to do, in both the short and long term. Referencing: Appropriate referencing, particularly of cases and law materials, is vital and good work will have a reference list (of cases and other sources) for all material used in the text, plus a bibliography of all materials which have been accessed and read even if not actually quoted in the text itself. Word Count: The word count should be entered on the cover sheet. The bibliography, reference lists and quotations longer than 50 words should not be included in the word count. Pay attention to Learning Outcomes: Students should consider to what extent they have demonstrated the learning outcomes in their answer, as this is a key criterion for a successful assessment result. All coursework assignments and other forms of assessment must be submitted by the published deadline. It is your responsibility to know when work is due to be submitted – ignorance of the deadline date will not be accepted as a reason for late or non-submission. Any late work will NOT be accepted and a mark of zero will be awarded for the assessment task in question.

5.3. Submitting your work via Turnitin/Grademark® [Cambridge and Chelmsford students only]

You are required to submit your written assignment(s) online via Turnitin/Grademark. Unless stated on the assignment brief, all your assignments should be submitted online. Hard copy assignments handed into the iCentre will NOT be marked. You must put YOUR Student ID number (SID) as the submission title (details below). You will be enrolled automatically to two types of Turnitin class: 1) Grademark Classes entitled by module name, to which you will submit a ONE TIME ONLY final submission; 2) The Originality Report Class to which you can submit multiple drafts for originality checking. The Grademark class page shows the start date (when you can begin submitting work), the due date for your assignment and the post date. All assignments must be submitted by 2pm on the due date. Any late work will NOT be accepted and a mark of zero will be awarded for the assessment task in question. The post date is the date when both feedback and provisional results will be posted online. You should follow the detailed instructions provided on the VLE: https://vle.anglia.ac.uk/sites/LTA/Grademark/Content/Home.aspx When you submit your paper, remember to include the information:

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When you click Upload, you then see a preview of your file. If you are happy it is the right file, click Confirm to submit your work. POINTS TO NOTE 1. The due date as seen in eVision is the official submission deadline. Any late work will NOT be

accepted and a mark of zero will be awarded for the assessment task in question. Do not leave it until the last minute to submit your work – the system becomes extremely busy and can be slower during the period of the deadline.

2. Grademark final submission classes will become available at least 10 working days before the final submission date. Be aware that work can only be submitted ONCE to these classes and cannot be removed or changed. All work for one assessment element must be submitted as one file (not in parts).

3. All work submitted MUST be entitled by your Student ID number.

4. There is guidance about the file types and file sizes supported on Turntin/Grademark – see the section on Preparing my Assignment on : https://vle.anglia.ac.uk/sites/LTA/Grademark/

5. Any work handed in via the iCentre will NOT be marked.

6. The Originality Report is automatically generated by Turnitin on submitting work. A paper copy of the originality report is not required.

7. The Originality Report will not be used to make assessment decisions unless concerns arise as to poor academic practice, plagiarism, or collusion. The report may then be considered as part of the normal investigatory procedures undertaken by the academic team and the Director of Studies (again, please see Section 10 of the Assessment Regulations).

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8. Re-sits and extensions are also to be submitted via Turnitin. New Turnitin classes will be created for

re-sits.

9. Full details on submitting to Turnitin, the Originality Report, and a FAQs list, can be located on the module VLE. If you have experience submission difficulties, please email: LAIBS-Grademark-Support@anglia.ac.uk Furthermore, there is a support VLE site (https://vle.anglia.ac.uk/sites/LTA/Grademark/Content/Home.aspx) there are links to videos to show you how to submit your work and to view your feedback.

All coursework assignments and other forms of assessment must be submitted by the published deadline which is detailed above. It is your responsibility to know when work is due to be submitted – ignorance of the deadline date will not be accepted as a reason for late or non-submission.

5.3 Submitting your work [Students in all other locations at Associate Colleges]

All student work which contributes to the eventual outcome of the module (i.e. if it determines whether you will pass or fail the module and counts towards the mark you achieve for the module) is submitted according to your institutions guidelines. Academic staff CANNOT accept work directly from you. Any late work will NOT be accepted and a mark of zero will be awarded for the assessment task in question. You are requested to keep a copy of your work.

5.4. Feedback

You are entitled to feedback on your performance for all your assessed work. For all assessment tasks which are not examinations, this is accomplished by a member of academic staff providing your mark and associated comments which will relate to the achievement of the module’s intended learning outcomes and the assessment criteria you were given for the task when it was first issued. This feedback will be available on-line via Turnitin/Grademark® or may be sent directly to your Anglia Ruskin e-mail account. The marker of your assignment will include feedback on written assignments that includes answers to these three key questions:

1. What is your overall feedback? 2. How does your assignment compare to the marking criteria? 3. How can you improve in the future?

Examination scripts are retained by Anglia Ruskin and are not returned to students. However, you are entitled to feedback on your performance in an examination and may request a meeting with the Module Leader or Tutor to see your examination script and to discuss your performance. Anglia Ruskin is committed to providing you with feedback on all assessed work within 20 working days of the submission deadline or the date of an examination. This is extended to 30 days for feedback for a Major Project module (please note that working days excludes those days when Anglia Ruskin University is officially closed; e.g.: between Christmas and New Year). Personal tutors will offer to read feedback from several modules and help you to address any common themes that may be emerging. On occasion, you will receive feedback and marks for pieces of work that you completed in the earlier stages of the module. We provide you with this feedback as part of the learning experience and to help you prepare for other assessment tasks that you have still to complete. It is important to note that, in

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these cases, the marks for these pieces of work are unconfirmed. This means that, potentially, marks can change, in either direction! Marks for modules and individual pieces of work become confirmed on the Dates for the Official Publication of Results which can be checked at www.anglia.ac.uk/results. HOW TO VIEW YOUR FEEDBACK IN TURNITIN GRADEMARK Click on the class that you wish to view and then you will see the assignments for the module listed. Click the blue view button to open up the document viewer.

The Document Viewer will open and the main feedback on your work is shown in the General Comments:

There may also be Quick Marks on your assignment or a Grading Form/Rubric to show how you performed against the marking criteria, click on the tabs to open them.

Comments List Rubric/Grading Form

Jumps to the comment

within your

assignment

Expanded

comments

Number of comments on a page

Expands /collapses comments

on a page

Expands /collapses comments

on all pages

Scroll to see how

your work compared with the marking criteria

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6. How is My Work Marked?

After you have handed your work in or you have completed an examination, Anglia Ruskin undertakes a series of activities to assure that our marking processes are comparable with those employed at other universities in the UK and that your work has been marked fairly, honestly and consistently. These include:

Anonymous marking – your name is not attached to your work so, at the point of marking, the lecturer does not know whose work he/she is considering. When you undertake an assessment task where your identity is known (e.g.: a presentation or Major Project), it is marked by more than one lecturer (known as double marking)

Internal moderation – a sample of all work for each assessment task in each module is moderated by other Anglia Ruskin staff to check the standards and consistency of the marking

External moderation – a sample of student work for all modules is moderated by external examiners – experienced academic staff from other universities (and sometimes practitioners who represent relevant professions) - who scrutinise your work and provide Anglia Ruskin academic staff with feedback, advice and assurance that the marking of your work is comparable to that in other UK universities. Many of Anglia Ruskin’s staff act as external examiners at other universities.

Departmental Assessment Panel (DAP) – performance by all students on all modules is discussed and approved at the appropriate DAPs which are attended by all relevant Module Leaders and external examiners. Anglia Ruskin has over 25 DAPs to cover all the different subjects we teach.

This module falls within the remit of the Human Resource Management and Organisational Behaviour DAP.

The following external examiners are appointed to this DAP and will oversee the assessment of this and other modules within the DAP’s remit:

Human Resource Management and Organisational Behaviour Departmental Assessment Panel

External Examiner’s Name Academic Institution Position or Employer

Dr Janet Astley York St John University Senior Lecturer

Dr Lynn Nichol University of Gloucestershire Senior Lecturer

Dr Julia Pointon De Montfort University Principal Lecturer

Dr Lynne Powell University of Northumbria at Newcastle

Senior Lecturer

Prof Christopher Prince Birmingham City University Executive Dean

Dr Paul Smith University of Sunderland Associate Dean (Resources & Research)

The above list is correct at the time of publication. However, external examiners are appointed at various points throughout the year. An up-to-date list of external examiners is available to students and staff at www.anglia.ac.uk/eeinfo.

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Anglia Ruskin’s marking process is represented in the flowchart below:

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Student submits work / sits

examination

Work collated and passed to Module Leader

Work is marked by Module Leader and Module Tutor(s)1. All marks collated by Module Leader

for ALL locations2

Internal moderation samples selected. Moderation undertaken

by a second academic3

Unconfirmed marks and feedback to students within 20 working

days (30 working days for Major Projects)

External moderation samples selected and moderated by

External Examiners4

Marks submitted to DAP5 for consideration and approval

Marks Approved by DAP5 and forwarded to Awards Board

Any issues?

Any issues?

Students receive initial (unconfirmed)

feedback

Confirmed marks issued to students

via e-Vision

Ma

rkin

g S

tage

Inte

rnal M

odera

tion S

tage

E

xte

rna

l M

ode

ratio

n S

tag

e

DA

P4 S

tage

YES

YES

NO

NO

Flowchart of Anglia Ruskin’s Marking Processes

1All work is marked anonymously or double marked where identity of the student is known (e.g.: in a presentation)

2The internal (and external) moderation process compares work from all locations where the module is delivered (e.g.: Cambridge, Chelmsford, Peterborough, Malaysia, India, Trinidad etc.)

3The sample for the internal moderation process comprises a minimum of eight pieces of work or 10% (whichever is the greater) for each marker and covers the full range of marks

4Only modules at levels 5, 6 and 7 are subject to external moderation (unless required for separate reasons). The sample for the external moderation process comprises a minimum of eight pieces of work or 10% (whichever is the greater) for the entire module and covers the full range of marks

5DAP: Departmental Assessment Panel – Anglia Ruskin has over 25 different DAPs to reflect our subject coverage

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7. Assessment Criteria and Marking Standards

7.1 Specific Assessment Criteria and Marking Rubric or Grading Form

A = 100-70% B = 60-69% C = 50-59% D = 40-49% F = 40-0%

The scenarios will have been analysed at a penetrating level, using appropriate legal materials to facilitate that analysis. Arguments will be made which are fluent, lucid, coherent and convincing. Communication will be clear, concise and well-organised. Additional research into the topic will be clearly shown, demonstrating a full exploration of the issues and aspects of the interpretation of employment law, showing clear secondary reading, including a wide range of case law and legal texts. Presentation will be error free and will conform to acceptable conventions of good scholarly practice. Referencing for the legal cases and statute law conforms to good practice for legal sources (the use of the OSCOLA system is advised but Harvard referencing will be acceptable). The work will be of excellent quality which goes beyond the content of the module and exhibits independent thinking and a wide grasp of the topic area.

Good powers of analysis will be demonstrated via sound arguments which are clear, well-structured and plausible. Communication will be articulate, organised and grammatically sound. There will be clear evidence of research which explores the key issues and demonstrates the application of a suitable range of employment law texts and cases. Presentation will be largely error free and conforming to the accepted standards of scholarly practice, in particular to good practice for referencing legal work. The work will be of an overall quality which demonstrates a sound understanding of and engagement with the topic of employment law.

Some reasonable analysis evident but it may not be always consistently deployed. Arguments will be clear and well structured. Communication which is organised, articulate and mostly grammatically sound. The work will show evidence of research and engagement with the key issues and some familiarity with legal materials. Presentation will be tidy and conform to the accepted academic standards with regard to referencing and sourcing of materials. Work will be of an overall quality which demonstrates understanding of, and some ability to engage with, the key components and arguments of employment law.

There will be some limited analysis, although it may be inconsistently applied. Arguments will be made which are identifiable and will be free of obvious contradiction. Communication should be at least effective, competent and intelligible. Some limited research will be evidenced. Presentation will conform to the conventions of good academic practice and sources will be attributed. Work will be of an overall quality which will demonstrate an ability to understand and engage with the topic of employment law.

The work will not have sufficiently demonstrated the learning outcomes. Referencing may be poor or non-existent. Suitable legal arguments will not have been appropriately made. Presentation may be poor. Ideas may not have been communicated properly. Research into the area may be lacking or not properly demonstrated.

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]

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7.2 University Generic Assessment Criteria

ANGLIA RUSKIN UNIVERSITY GENERIC ASSESSMENT CRITERIA AND MARKING STANDARDS: LEVEL 6

Level 6 is characterised by an expectation of students’ increasing autonomy in relation to their study and developing skill sets. Students

are expected to demonstrate problem solving skills, both theoretical and practical. This is supported by an understanding of appropriate theory; creativity of expression and thought based in individual judgement; and the ability to seek out, invoke, analyse and evaluate competing theories or methods of working in a critically constructive and open manner. Output is articulate, coherent and skilled in the appropriate medium, with some students producing original or innovative work in their specialism.

Mark Bands Outcome

Generic Learning Outcomes (GLOs) (Academic Regulations, Section 2)

Knowledge & Understanding Intellectual (thinking), Practical, Affective and Transferable Skills

Ch

ara

cte

risti

cs o

f S

tud

en

t A

ch

iev

em

en

t b

y M

ark

ing

Ban

d

90-100%

Achieves module outcome(s) related to GLO at this level

Exceptional information base exploring and analysing the discipline, its theory and ethical issues with extraordinary originality and autonomy. Work may be considered for publication within Anglia Ruskin University

Exceptional management of learning resources, with a higher degree of autonomy/exploration that clearly exceeds the assessment brief. Exceptional structure/accurate expression. Demonstrates intellectual originality and imagination. Exceptional team/practical/professional skills. Work may be considered for publication within Anglia Ruskin University

80-89% Outstanding information base exploring and analysing the discipline, its theory and ethical issues with clear originality and autonomy

Outstanding management of learning resources, with a degree of autonomy/exploration that clearly exceeds the assessment brief. An exemplar of structured/accurate expression. Demonstrates intellectual originality and imagination. Outstanding team/practical/professional skills

70-79% Excellent knowledge base that supports analysis, evaluation and problem-solving in theory/practice/ethics of discipline with considerable originality

Excellent management of learning resources, with degree of autonomy/research that may exceed the assessment brief. Structured and creative expression. Very good academic/ intellectual skills and practical/team/professional/problem-solving skills

60-69% Good knowledge base that supports analysis, evaluation and problem-solving in theory/ practice/ethics of discipline with some originality

Good management of learning resources, with consistent self-directed research. Structured and accurate expression. Good academic/intellectual skills and team/practical/ professional/problem solving skills

50-59% Satisfactory knowledge base that supports some analysis, evaluation and problem-solving in theory/practice/ethics of discipline

Satisfactory management of learning resources. Some autonomy in research but inconsistent. Structured and mainly accurate expression. Acceptable level of academic/ intellectual skills going beyond description at times. Satisfactory team/practical/professional/problem-solving skills

40-49%

A marginal pass in module outcome(s) related to GLO at this level

Basic knowledge base with some omissions at the level of theoretical/ethical issues. Restricted ability to discuss theory and/or or solve problems in discipline

Basic use of learning resources with little autonomy. Some difficulties with academic/intellectual skills. Some difficulty with structure/accuracy in expression, but evidence of developing team/practical/professional/problem-solving skills

30-39%

A marginal fail in module outcome(s) related to GLO at this level. Possible compensation. Satisfies qualifying mark

Limited knowledge base. Limited understanding of discipline/ethical issues. Difficulty with theory and problem solving in discipline

Limited use of learning resources. Unable to work autonomously. Little input to teams. Weak academic/ intellectual skills. Still mainly descriptive. General difficulty with structure/accuracy in expression. Practical/professional/ problem-solving skills that are not yet secure

20-29%

Fails to achieve module outcome(s) related to this GLO. Qualifying mark not satisfied. No compensation available

Little evidence of knowledge base. Little evidence of understanding of discipline/ethical issues. Significant difficulty with theory and problem solving in discipline

Little evidence of use of learning resources. Unable to work autonomously. Little input to teams. Very weak academic/ intellectual skills. Work significantly descriptive. Significant difficulty with structure/accuracy in expression. Little evidence of practical/professional/problem-solving skills

10-19% Inadequate knowledge base. Inadequate understanding of discipline/ethical issues. Major difficulty with theory and problem solving in discipline

Inadequate use of learning resources. Unable to work autonomously. Inadequate input to teams. Extremely weak academic/intellectual skills. Work significantly descriptive. Major difficulty with structure/accuracy in expression. Inadequate practical/professional/ problem-solving skills

1-9% No evidence of knowledge base; no evidence of understanding of discipline/ethical issues. Total inability with theory and problem solving in discipline

No evidence of use of learning resources. Completely unable to work autonomously. No evidence of input to teams. No evidence of academic/intellectual skills. Work wholly descriptive. Incoherent structure/accuracy and expression. No evidence of practical/professional/ problem-solving skills

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0% Awarded for: (i) non-submission; (ii) dangerous practice and; (iii) in situations where the student fails to address the

assignment brief (e.g.: answers the wrong question) and/or related learning outcomes

j

8. Assessment Offences

As an academic community, we recognise that the principles of truth, honesty and mutual respect are central to the pursuit of knowledge. Behaviour that undermines those principles weakens the community, both individually and collectively, and diminishes our values. We are committed to ensuring that every student and member of staff is made aware of the responsibilities s/he bears in maintaining the highest standards of academic integrity and how those standards are protected. You are reminded that any work that you submit must be your own. When you are preparing your work for submission, it is important that you understand the various academic conventions that you are expected to follow in order to make sure that you do not leave yourself open to accusations of plagiarism (e.g.: the correct use of referencing, citations, footnotes etc.) and that your work maintains its academic integrity. Definitions of Assessment Offences Plagiarism Plagiarism is theft and occurs when you present someone else’s work, words, images, ideas, opinions or discoveries, whether published or not, as your own. It is also when you take the artwork, images or computer-generated work of others, without properly acknowledging where this is from or you do this without their permission. You can commit plagiarism in examinations, but it is most likely to happen in coursework, assignments, portfolios, essays, dissertations and so on. Examples of plagiarism include:

directly copying from written work, physical work, performances, recorded work or images, without saying where this is from;

using information from the internet or electronic media (such as DVDs and CDs) which belongs to someone else, and presenting it as your own;

rewording someone else’s work, without referencing them; and

handing in something for assessment which has been produced by another student or person. It is important that you do not plagiarise – intentionally or unintentionally – because the work of others and their ideas are their own. There are benefits to producing original ideas in terms of awards, prizes, qualifications, reputation and so on. To use someone else’s work, words, images, ideas or discoveries is a form of theft. Collusion Collusion is similar to plagiarism as it is an attempt to present another’s work as your own. In plagiarism the original owner of the work is not aware you are using it, in collusion two or more people may be involved in trying to produce one piece of work to benefit one individual, or plagiarising another person’s work. Examples of collusion include:

agreeing with others to cheat;

getting someone else to produce part or all of your work;

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copying the work of another person (with their permission);

submitting work from essay banks;

paying someone to produce work for you; and

allowing another student to copy your own work. Many parts of university life need students to work together. Working as a team, as directed by your tutor, and producing group work is not collusion. Collusion only happens if you produce joint work to benefit of one or more person and try to deceive another (for example the assessor). Cheating Cheating is when someone aims to get unfair advantage over others. Examples of cheating include:

taking unauthorised material into the examination room;

inventing results (including experiments, research, interviews and observations);

handing your own previously graded work back in;

getting an examination paper before it is released;

behaving in a way that means other students perform poorly;

pretending to be another student; and

trying to bribe members of staff or examiners. Help to Avoid Assessment Offences Most of our students are honest and want to avoid committing assessment offences. We have a variety of resources, advice and guidance available to help make sure you can develop good academic skills. We will make sure that we make available consistent statements about what we expect. In accordance with our ‘Academic Honesty Policy’, you will be able to do tutorials on being honest in your work from the library (http://anglia.libguides.com/GAP) and other central support services and faculties, and will be able to review your work for plagiarism using ‘Turnitin®UK’ (where appropriate), an online service for matched-text. You can get advice on how to use honestly the work of others in your own work from the library website (www.libweb.anglia.ac.uk/referencing/referencing.htm) and your lecturer and personal tutor. Turnitin®UK will produce a report which clearly shows if passages in your work have been matched with another source. Originality of assessment is an academic judgement and there is no generally acceptable upper or lower similarity score. You may talk about the matched-text in the ‘Turnitin®UK’ report with a member of academic staff to see where you may need to improve your academic practice. If you are not sure whether the way you are working meets our requirements, you should talk to your personal tutor, module tutor or other member of academic staff. They will be able to help you and tell you about other resources that will help you develop your academic skills. Procedures for Assessment Offences An assessment offence is the general term used to define cases where a student has tried to get unfair academic advantage in an assessment for himself or herself or another student. We will fully investigate all cases of suspected assessment offences. If we prove that you have committed an assessment offence, an appropriate penalty will be imposed which, for the most serious offences, includes expulsion from Anglia Ruskin. For full details of our assessment offences policy and procedures, see Section 10 of the Academic Regulations at: www.anglia.ac.uk/academicregs.

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9. Learning Resources

9.1. Library

An online reading list is available for this module at http://readinglists.anglia.ac.uk/lists/86711E06-7158-0DD1-9D00-98302B999ED3.html Library Contacts Faculty of Arts, Law and Social Sciences libteam.alss@anglia.ac.uk Lord Ashcroft International Business School libteam.aibs@anglia.ac.uk Faculty of Health, Social Care and Education libteam.fhsce@anglia.ac.uk Faculty of Medical Sciences libteam.fhsce@anglia.ac.uk Faculty of Science and Technology libteam.fst@anglia.ac.uk

10. Module Evaluation

During the second half of the delivery of this module, you will be asked to complete a module evaluation questionnaire to help us obtain your views on all aspects of the module. This is an extremely important process which helps us to continue to improve the delivery of the module in the future and to respond to issues that you bring to our attention. The module report in section 11 of this module guide includes a section which comments on the feedback we received from other students who have studied this module previously. Your questionnaire response is anonymous. Please help us to help you and other students at Anglia Ruskin by completing the Module Evaluation survey. We very much value our students’ views and it is very important to us that you provide feedback to help us make improvements. In addition to the Module Evaluation process, you can send any comment on anything related to your experience at Anglia Ruskin to tellus@anglia.ac.uk at any time.

11. Report on Last Delivery of Module

MODULE REPORT FORM

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This form should be completed by module tutors (where there is more than one delivery) and forwarded to Module Leaders who compiles the results on to one form for use at the Programme Committee and other methods of disseminating feedback to students.

Module Code and Title: MOD000951 Employment Law

Anglia Ruskin Department: HROB

Location(s) of Delivery: Cambridge, Chelmsford, SAM Trinidad, ABM University College Botswana and FTMS Global Malaysia

Academic Year: 2013-2014 Semester/Trimester: 1

Enrolment Numbers (at each location): 35, 9, 49, 41 and 22

Module Leader: Dr Diane Irving

Other Module Tutors: Alison Moran, Shala Rachel Mohammed, Felix Tagarira and Lakshmi Anantha

Student Achievement Provide a brief overview of student achievement on the module as evidenced by the range of marks awarded. A

detailed breakdown of marks will be available at the Departmental Assessment Panel.

Student performance on this module was directly related to their attendance at lectures/seminars. Those students who attended regularly were able to obtain much higher marks than those who failed to attend consistently. The range of marks for this module ranged from 12-85%, with the vast majority of students achieving a good pass.

Feedback from Students Briefly summarise student responses, including any written comments

Student feedback for the module showed that students were generally happy with the module delivery at all centres. Overall satisfaction of students undertaking the module was 73.5%, whilst 93.5% of students thought that lecturers were enthusiastic about the subject in their teaching.

Module Leader/Tutor’s Reflection on Delivery of the Module, including Response to Feedback from Students (including resources if appropriate)

No major problems occurred with the delivery of this module. Feedback on this module indicated that students were generally very satisfied with the organisation, teaching, lecture content and availability of information on the vle.

Developments during the current year or planned for next year (if appropriate)

In order to facilitate easier access to the recommended textbooks, at least one recommended textbook will be available online through the university elibrary in future. An ereading list will be available on the vle. A practical exercise will be incorporated into the lecture schedule in order to help students understand the process of bringing a tribunal claim.

External Examiner’s Comments State whether the external examiner agreed the marks and/or commented on the module

The external examiner agreed with all marks awarded at all centres and stated that the feedback on student work was particularly detailed and informative.

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Appendix 1: Re-Assessment Information

THIS INFORMATION ONLY APPLIES TO STUDENTS WHO ARE UNSUCCESSFUL (FAILED) IN THEIR FIRST SUBMISSION in JAN 2015

PLEASE NOTE: MITIGATED SUBMISSION IN JAN 2015 -The Mitigation Questions are on Page 8. The re-assessment for this module consists of one element; check your results in e-vision and if you need to resubmit, the following assignment must be completed NOT the original assignment. The assessment for this module consists of one element.

Part Type of assessment Word or time limit

Submission method

Submission dates

1 Written assignment evaluating two workplace scenarios

3,000 words

hard copy Specific date to be announced

Assessment is by means of coursework. The coursework represents 100% of the total marks. The coursework has two questions, each of which will consist of a scenario concerning problems which have occurred in a workplace. The students will be required to analyse and apply the law to the given problem, manage and communicate their evaluations appropriately and proffer their advice/recommendations effectively. Both scenarios must be attempted and each is worth 50% of the total mark.

You will be marked according to the following criteria: -

Assignment 010

For each of the two assignments:

Mark Learning Outcome

(Section 3 of this document)

6. Use and application of the relevant law to underpin the analysis, including Statute, case law and legal definitions. Have the specific issues been identified and defined and have suitable legal cases and legislation been incorporated as part of the discussions?

15% 2, 4

7. Analysis and matching of facts of scenario to the law and any relevant good practice guidelines, for example, the ACAS Code of Practice on Disciplinary and Grievance. Has an explanation of the issues identified been provided and are the arguments / discussions coherent and applied to the problem question?

20% 1, 2, 3, 4

8. Appropriate recommendations on action to be taken and measures for future prevention of problem.

5% 1, 2, 3, 4

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9. Detail of presentation, including accurate referencing of cases, Statutes and other sources, use of Harvard referencing, spelling and grammar.

5% 1, 3, 4

10. Appropriate structure of report - demonstrating thorough consideration and arrangement of material whilst revealing a systematic approach to producing a coherent answer. This should include the provision of an introduction, an analysis broken down into relevant sections and, if necessary, sub-sections, a conclusion and a list of references and bibliography.

5% 1, 3, 4

TOTAL MARKS 50%

All coursework assignments and other forms of assessment must be submitted by the published deadline which is detailed above. It is your responsibility to know when work is due to be submitted – ignorance of the deadline date will not be accepted as a reason for late or non-submission. Any late work will NOT be considered and a mark of zero will be awarded for the assessment task in question. You are requested to keep a copy of your work. Resubmission Assignment 010:

ANGLIA RUSKIN UNIVERSITY

ACADEMIC YEAR 2014/2015 SEMESTER ONE: ASSESSED COURSEWORK

EMPLOYMENT LAW

MODULE CODE: MOD000951

INSTRUCTIONS Word Limit: 3,000 Assessment Weighting: 100% Assessment criteria as stated above and according to the criteria on page 23 of this Module Guide Submission Date: TBA Number of questions set: ONE QUESTION WITH TWO PARTS. You must attempt both scenarios and are advised to split the 3,000 word count evenly between the two (ie approximately 1,500 words for each scenario)/ You must use appropriate case law and legislation to support your answers. Answer BOTH of the problem scenarios. Background information The following case scenarios concern a medium sized organisation, the Best Kitchens Company Ltd., which employs 240 workers. The company manufactures and sells kitchen units and operates from a main site in Camford and a number of small showrooms throughout the country. The Sales department is split into two divisions – one is ‘Retail’ sales where individual customers can purchase kitchen units direct from the company via the showrooms and the website; the other division is ‘Commercial’ sales

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where builders and other organisations purchase the units mostly in bulk. You were appointed as HR Manager one month ago when you replaced the previous ‘office manager’, Derek Grey, who recently retired. When you arrived in your new job you discovered that there were few up to date policies and procedures for the management of human resources, and many decisions have been made by line managers with no clear guidance from Derek Grey, who had concentrated on the line management of the small team of general staff. There appears to have been no formal training on handling the difficult issues for line management. There is a formal disciplinary procedure and a formal grievance procedure in place, both of which appear to have been copied from an out-dated Government website without modification. You are asked to prepare reports which set out the legal issues that have arisen in the following two scenarios and give your advice on the steps that should be taken by the company. Scenario One A problem has arisen with a member of staff based at the Camford retail showroom. Sunita Panesar has been a receptionist/sales advisor for three years at Camford where customers come in to buy their kitchen units. There are four sales advisors at Camford; customers come into the showroom with the dimensions of their kitchen and the sales advisors’ job is to welcome them, show them the various types of kitchen available, input the client requirements into the company’s computer system and give them an estimate of the cost of the design. Sunita is paid £25,000 per year and her contract of employment states she is entitled to a notice period of four weeks. She has an unblemished record and good appraisal reports. One day last week Sunita was left alone in the showroom at the end of the day, apart from a cleaning lady on the far side of the showroom. Sunita was tired but still had some work to do and she decided she needed a hot drink to keep her going. She had made a coffee earlier but had not had the opportunity to drink it and it had become cold. Sunita decided to warm it up in the new built-in microwave that the kitchen-fitters had just installed in the main kitchen display. Unfortunately she did not realise that the oven was ‘for display purposes only’ and had not been wired in correctly. A few seconds after she placed her mug of coffee into the machine and switched it on, smoke started to issue from the electric socket at the side of the oven cupboard and a distinct smell of burning was detectable. Sunita panicked and pressed the fire alarm by the main door and rushed back to the display. She caught sight of a bucket of liquid near one of the cupboards and, thinking it was water, threw it over the socket. Unfortunately this was a bucket of cleaning fluid that the cleaner had been using and, instead of extinguishing the smouldering fire, it made it far worse and flames shot out over the kitchen. Sunita shouted to the cleaner and they both ran out of the door. The fire brigade arrived five minutes later but the fire had taken hold by then and the main kitchen showroom was completely destroyed. John Kelsey, the Sales Director, was contacted by the Fire Brigade and he arrived at the showroom half an hour later as the firemen were putting out the final flames. Sunita and the cleaner were huddled together at the side of the road watching the activity. John asked them what had happened. Sunita, who was shocked at the damage, briefly told him. John was absolutely furious and he started to shout at her in an uncontrolled way whilst Sunita began to cry and said that she knew “it was all her fault” and she “was very sorry.” John immediately decided he had to ‘let her go.’ He told her she was summarily dismissed and she should not bother to come back to work again. The company this morning has been informed by the Employment Tribunal office that Sunita has submitted unfair dismissal and wrongful dismissal claims. Give your advice as to the legal issues involved here and the strength and/or weaknesses of the company’s case and what they need to do to either refute the claims of unfair and wrongful dismissal at the Tribunal or, if you believe the company’s case to be weak, what they should do now to prevent the case going to Tribunal. Scenario Two

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Krystal Blakely joined the company as an administrative clerk in the Accounts office five months ago. She is aged 23 and although shy, she enjoys wearing very fashionable clothes, some of which include quite short skirts and ‘low’ tops. Since she started work, she has been subject to personal comments about her appearance from the married, 47 year old, Accounts Manager, Tom Smith – including some about her clothes, her figure and the way she dresses. Just over three months ago, one evening when everyone else had left work and Krystal and Tom were the only two left in the Accounts office, Tom approached her and put his arm around her waist, saying “How about a drink after work then?” Krystal pulled away, rather horrified, and started to mutter “No thank you.” Tom said “What’s the problem – anyone who dresses like you is surely willing to go out with me for a drink?” But Krystal was dumbstruck and she ran out of the office, shaking. Krystal did not want to go back to work the next day because Tom had frightened her and she telephoned in, saying she did not feel well. She was off work for four weeks, after visiting her GP suffering from anxiety. Eventually, two months ago, she came back to work and went to the (now retired) Office Manager, Derek Grey, to tell him she wanted a transfer to another post as she was frightened by Tom and did not want to work with him anymore. She was so worried about Tom’s behaviour, it was making her ill. Derek Grey immediately told her that Tom’s comments were just office ‘banter’ and she should just ignore them. In addition, he said that if she pursued a complaint against Tom and made a formal request for a transfer, he would not support it as he felt that she had “brought it on herself as she dressed inappropriately for the office” and anyway, “Tom was a good friend” of his. He said that he would put a note on her disciplinary record saying that she had made an unjustified complaint. This worried Krystal so much that she left the office crying and she telephoned in again saying that she did not feel well. Her most recent sick note from her doctor says she is suffering from stress and anxiety. Krystal has heard that Derek Grey has retired and that you are now responsible for HR matters. She has come to you and related her story to you. She has asked you if there is a possibility of a transfer to a different job in another office so that she does not have to work with Tom every day. You are asked to prepare a report which sets out the legal issues that have arisen in this scenario and give your advice on the steps that should be taken by the company. Further Case Scenario Background Information:

Best Kitchens Disciplinary Procedures (extract)

1) Purpose and Scope The Company’s aim is to encourage and help individuals to improve their conduct and achieve and maintain standards of job performance and attendance. The company rules are in your staff handbook and are also displayed in the general office at each site. This procedure applies to all employees. The aim is to ensure consistent and fair treatment for all.

2) Principles a) The disciplinary procedure is designed to establish the facts quickly and to deal consistently with

disciplinary issues. No disciplinary action will be taken until the matter has been fully investigated.

b) Employees will be informed of any allegations against them at least 3 days before any formal disciplinary meeting is held.

c) At final stages only, employees will have the opportunity to state their case and be represented, if they wish, at the hearings by a fellow worker where deemed appropriate.

d) No employee will be dismissed for a first breach of discipline except in the case of gross misconduct when the penalty will be dismissal without notice or payment in lieu of notice.

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e) The procedure may be implemented at any stage if the employee’s alleged misconduct warrants such action.

3) The Procedure

Minor faults will be dealt with informally but where the matter is more serious the following procedure will be used: Stage 1 - Oral Warning If conduct or performance does not meet acceptable standards the employee will normally be given a formal oral warning, which will be recorded, but will be “spent” after 6 months, subject to satisfactory conduct and performance. S/he will be advised of the reason for the warning, that it is the first stage of the disciplinary procedure, and of his or her right of appeal. Stage 2 - Written Warning If the offence is a serious one, or if a further offence occurs, a WRITTEN WARNING will be given to the employee by the supervisor. This will give details of the complaint, the improvement required and the timescale. It will warn that action under Stage 3 (below) will be considered if there is no satisfactory improvement and will advise of the right of appeal. A copy of this warning will be kept on the individuals personnel file, but will be regarded as “spent” after 12 months of satisfactory conduct and performance. Stage 3 - Final written warning or disciplinary suspension If there is still a failure to improve either conduct or performance to a satisfactory level; or, if the misconduct is sufficiently serious to warrant only one written warning but not sufficiently serious to warrant dismissal (in effect both a first and final warning) A FINAL WRITTEN WARNING will be given to the employee. This will give details of the complaint, and warn that dismissal will result if there is no satisfactory improvement within a specified timescale, and will advise of the right of appeal. A copy of this final written warning will be kept by the line manager but it will be “spent” after 24 months, subject to satisfactory conduct and performance. Alternatively, consideration may be given to imposing a penalty of a disciplinary suspension without pay for up to a maximum of five working days. Stage 4 – Dismissal If conduct or performance is still unsatisfactory and the employee fails to reach the prescribed standard DISMISSAL will normally result. An appropriate senior manager can take the decision to dismiss. The employee will be provided, as soon as reasonably practicable, with written reasons for the dismissal and the date on which the employment will terminate.

4) Appeals An employee who wishes to appeal against a disciplinary decision should inform the Human Resources Manager within two working days. An appropriate manager along with the HR Manager will hear the appeal and their decision will be final. At the appeal any disciplinary penalty imposed may be reviewed but cannot be increased.

5) Gross Misconduct The following list provides examples of offences that are normally regarded by the Company as gross misconduct:

Theft, fraud, deliberate falsification of records, deliberate damage to company property

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Fighting, and physical assault on another person

Serious incapability through alcohol or being under the influence of illegal drugs

Any operation of machinery after taking any alcohol or drugs which impair abilities to operate machinery

Serious negligence which causes unacceptable loss, damage or injury

Serious act of insubordination

Any periods of absence exceeding 3 days without “good cause” and without the express permission of management (employees should note the sickness absence reporting procedure in staff handbook) If you are accused of an act of gross misconduct, you may be suspended from work on full pay, normally for no more than five working days, while the company investigates the alleged offence. If, on completion of the investigation and the disciplinary procedure, the company is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice.

Best Kitchens Grievance Procedure (extract)

Purpose and Scope

This Procedure applies to all current employees of the company and covers all issues which are amenable to local determination and resolution. The guiding principle of this Procedure is that issues should be resolved as near their point of origin as possible and as soon as possible. In consequence the timescales included in the Procedure may be extended or shortened by mutual consent. Stage 1 An employee who wishes to raise any issue in which s/he is directly concerned must first raise it with their immediate manager, making it clear that s/he is taking the first step in the procedure. Stage 2 Their immediate manager will arrange a meeting as quickly as possible so that the issue can be discussed with the employee(s). This meeting will be held in a room away from the general work environment. If a satisfactory solution has not been reached within a maximum of 5 working days the employee may refer the issue to their Manager’s superior under Stage 3 of the Procedure. Stage 3 The Manager’s superior will arrange a meeting as quickly as possible so that the issue can be discussed with the employee(s). If the employee wishes to have a fellow employee as their representative present at this meeting, then the employee must notify the manager of their representative’s name and they will be invited to attend. If a satisfactory solution has not been reached within seven working days, the employee may refer the issue to the HR Manager who will arrange for a Senior Manager to meet with the employee(s) and (where requested) their representative under stage 4 below. Stage 4

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The Senior Manager will arrange a meeting as soon as possible so that the issue can be discussed with the employee(s) and his/her representative – this meeting shall take place not more than seven working days from the employee’s request. If the Senior Manager is unable to resolve the grievance, the employee(s) can request a final “Appeal” meeting with the Managing Director. Final Appeal Meeting The Managing Director will arrange a meeting with the employee(s) and his/her representative in no less than 7 working days (subject to his/her availability). Any decision taken by the Managing Director to resolve the grievance at this stage is final. Note: If the grievance involves a complaint against the immediate manager of the employee(s) the matter can be referred, in the first instance directly to the Manager’s superior (as under stage 3). However, the immediate manager must be informed in writing of the grievance against him/her.

Extracts from Best Kitchens Staff Handbook:

“Sickness absence reporting: All staff who are unable to attend work because of illness must telephone into their depot and speak to their line manager by no later than 10.00 am on the first morning of illness. If the illness is likely to last more than 1 week (6 continuous working days) then a doctors’ certificate is required. If an employee is unable personally to telephone in, then they can ask another person – i.e. relative or spouse, to call in on their behalf. Failure to notify the company as above may be treated as unauthorised absence under the disciplinary procedure”. “Holidays: All staff are entitled to 20 days paid holiday a year, plus all official Bank Holidays. The holiday year is from 1 October to the 30th September annually. All requests to take leave must be approved by your Manager, and will not normally be refused unless the needs of the service require you to work. To avoid any possible disappointment, you should always clear holiday dates with your Manager well in advance before making bookings or travel arrangements. Holiday entitlement must be used by end of each holiday year. Your Manager will advise you if, for operational reasons, you are required to take leave at certain times of the year. However, due to the nature of our business there is an expectation that, where possible, the majority of your holiday entitlement will be taken during the months of July and August as these are the slowest business months for the Company. If your employment begins or ends part way through the leave year, your holiday entitlement for that year will be calculated on a pro-rata basis for each complete calendar month of service”. “Other Absence: Special Leave or temporary changes to working times If employees have domestic, family or personal reasons, then unpaid leave of a short duration may be allowed at the discretion of your manager. If there are domestic, family or personal reasons for changes in your working times, these should be discussed and agreed with your Manager.”

Advice for Assignment 010:

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Structure: The advice should be in report format, with clear headings, paragraphs, sub-sections and numbering where appropriate. The reports should (as a minimum) have at least the following sections: a) Introduction: A very brief outline of the key issues, background/situation in scenario etc. b) Findings: An analysis of the legal position should be included, using legislation and case law to define the issues involved on both sides. c) Conclusions: What the legal position is believed to be. d) Recommendations: What the company needs to do, in both the short and long term. Referencing: Appropriate referencing, particularly of cases and law materials, is vital and good work will have a reference list (of cases and other sources) for all material used in the text, plus a bibliography of all materials which have been accessed and read even if not actually quoted in the text itself. Word Count: The word count should be entered on the cover sheet. The bibliography, reference lists and quotations longer than 50 words should not be included in the word count. Pay attention to Learning Outcomes: Students should consider to what extent they have demonstrated the learning outcomes in their answer, as this is a key criterion for a successful assessment result. All coursework assignments and other forms of assessment must be submitted by the published deadline. It is your responsibility to know when work is due to be submitted – ignorance of the deadline date will not be accepted as a reason for late or non-submission. Any late work will NOT be accepted and a mark of zero will be awarded for the assessment task in question.