Contents
1. Key information, Introduction to the Module and Learning Outcomes 2
1.1 Key Information 2
1.2 Introduction to the Module 2
1.3 Learning Outcomes 2
2. Employability Skills in this Module 3
3. Outline Delivery and Reading Lists @ Anglia 4
3.1 Outline Delivery 4
3.2 Reading List and Learning Resources 5
4. Assessment on this Module 5
Feedback 6
How to View Your Feedback in Turnitin Grademark 6
4.1 Assessment Information and Marking Criteria 8
4.1.1 Element 010 – 3000 WORD ASSIGNMENT (100%) 8
Marking Criteria for Element 010 – 3000 WORD ASSIGNMENT 10
4.2 Re-assessment Information 15
4.2.1 Re-assessment for Element 010 – 3000 WORD ASSIGNMENT (100%) 15
5. Report on Last Delivery of Module 17
6. Links to Other Key Information 17
1. Key information, Introduction to the Module and Learning Outcomes
1.1 Key Information
Module title: Business and Employment Law
Module Leader: Dr Lynda Diane Irving
Campus / Building / Room: Cambridge / Lord Ashcroft Building / 3rd floor
Extension: 2229
Email: diane.irving@anglia.ac.uk
Module Tutors: Nigel French, Diane Irving and others
External Examiners DAP: Human Resources and Organisational Behaviour
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.
1.2 Introduction to the Module
This Module will provide students with an appreciation of the various ways in which the Law impacts upon the domestic and international business environment. The Module is an introduction to a broad range of legal issues. This foundation will enable students to have an understanding of how such legal issues permeate the world of commerce and everyday life.
The Module will focus on the nature and sources of Business Law in England, on the Law of Contract with regard to both goods and services and on the Law of Tort, in particular, negligence and vicarious liability. The rights and obligations of legal entities to each other will be examined. There will be an exploration of the various corporate st;[[ructures through which business is conducted. Consideration will be given to the manner in which legislation and case law impacts upon the employment relationship; this will include the role of the Contract of Employment and other current Employment Law issues, including unfair dismissal, employee status and Discrimination Law.
Assessment is by means of written coursework. The coursework constitutes 100% of the total marks. The assessment is divided into two questions. The first will comprise essay questions covering aspects of the English Legal System and Tort or Employment issues. The other half of the assessment will be a case study scenario where the students will be required to apply the Law to a given problem, manage this information and communicate appropriately and effectively their advice to the parties.
1.3 Learning Outcomes
This module, like all modules at Anglia Ruskin, is taught on the basis of achieving intended learning outcomes. On successful completion of the module, the student will be expected to be able to demonstrate the following:
Knowledge and understanding
Intellectual, practical, affective and transferable skills LO 1. Demonstrate a secure knowledge and accurate understanding of the fundamental principles and concepts of the English Legal System and the Law of Contract, including an appreciation of the impact of the Law of Tort and Employment Law upon the area of business.
LO 2. Understand, analyse and critically evaluate the legal implications of decisions, plans or proposals in the business environment.
LO 3. Identify, locate and synthesize complex legal materials in order to evaluate straightforward factual problems, using appropriate reasoned arguments.
LO 4. Critically evaluate and discuss the operation of aspects of Business and Employment Law in contemporary society.
The assessment is based on meeting these learning outcomes, shown explicitly in section 4, where the assessment task is linked to these learning outcomes.
2. Employability Skills 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
Networking
Organisational adaptability
Project Management x
Problem Solving and analytical skills x
Responsibility
Team working
Time Management
Other x
3. Outline Delivery and Reading Lists @ Anglia
3.1 Outline Delivery
The table below indicates how the module will be delivered. However, this schedule is indicative and may be subject to change according to need.
Week Lecture Seminar Student-managed Learning
1 Introduction:
Background to Programme/Assessment
Branches of law – civil/criminal
The impact of the Law on Business The Common Law system
The need for laws to regulate business Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, pp 3 – 15 OR David Kelly; Ruth Hayward; Ruby Hammer; John Hendy (2011) Business Law, Taylor & Francis, pp 4 – 16
2 Sources of law
Precedent, Statutes, legislation, EU law Civil and criminal law issues Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, Chapter 3 OR David Kelly; Ruth Hayward; Ruby Hammer; John Hendy (2011) Business Law, Taylor & Francis, pp 16 – 48
3 The Court system
Legal players: judges, juries and lawyers
Alternative Dispute Mechanism: ADR and tribunals The Court system Statutory Interpretation Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, Chapter 2 OR David Kelly; Ruth Hayward; Ruby Hammer; John Hendy (2011) Business Law, Taylor & Francis, Chapters 2 (for the Court System) and 3 (for ADR)
4 Contract law Part 1
Formation of a contract – The Offer and Acceptance, Intention to create a legal relationship, Consideration, Capacity and Privity of Contract What is a contract?
Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, pp 83 – 113, pp. 117 – 153 OR David Kelly; Ruth Hayward; Ruby Hammer; John Hendy (2011) Business Law, Taylor & Francis, pp 234 – 260
5 Contract Law Part 2
Formation of a Contract – Terms, Exclusion clauses and Vitiating Factors Forming a Contract – Contractual principles Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, Chapters 6, 7 and 8 OR David Kelly; Ruth Hayward; Ruby Hammer; John Hendy (2011) Business Law, Taylor & Francis, Chapters 9, 10 and 11
6 The Law of Tort
Tortious liability: Negligence, Vicarious Liability
Tortious issues: Negligence Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, pp 339 – 376 OR David Kelly; Ruth Hayward; Ruby Hammer; John Hendy (2011) Business Law, Taylor & Francis, Chapter 13
7 Cambridge students:
Reading Week
Chelmsford students:
Employment Law 1: ‘Employee and Worker’
Establishing employee status Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, pp 421 – 426 OR Turner, Chris (2013) Unlocking Employment Law, Taylor and Francis, Chapter 4
8 Cambridge students:
Employment Law 1: ‘Employee and Worker’
Chelmsford students:
Reading Week
Establishing employee status Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford pp 427 – 442 OR Turner, Chris (2013) Unlocking Employment Law, Taylor and Francis, Chapters 21 and 22
9 Employment Law 2:
Dismissal
The difference between wrongful and unfair dismissal Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, pp 454 – 470 OR Turner, Chris (2013) Unlocking Employment Law, Taylor and Francis, Chapters 9
10 Employment Law 3:
Discrimination: Prohibited conduct and Protected groups Discrimination in the Workplace Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, pp 446 – 454 OR Turner, Chris (2013) Unlocking Employment Law, Taylor and Francis, Chapters 11 – 14
11 Business structures Coursework workshop Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, Chapters 15, 16and 17 OR David Kelly; Ruth Hayward; Ruby Hammer; John Hendy (2011) Business Law, Taylor & Francis, Chapters 6 and7
12 Revision Review semester’s notes
3.2 Reading List and Learning Resources
The reading list and learning resources for this module are available on Reading Lists at Anglia, you can access the reading list for this module, via this link: http://readinglists.anglia.ac.uk/lists/BA137F38-F2B1-186D-1EBF-C8FB4A9687F0.html
The assessment for this module consists of one elements with two questions.
Element Type of assessment Word or time limit % of Total Mark Submission method Final Submission Date
010 3,000 Word Assignment 3,000 100% Quick Guide to Submitting on Turnitin®UK GradeMark
Turnitin®UK Grademark
or
in hard copy (off main UK campus only) NO LATER THAN:
14th December, 2015 by 2pm
All 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 (excluding exams).
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 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
Sarah has written to you saying that, although she realised that the initial job advertisement had specified that the candidate be under 40 years of age, she thought she would be very good at the job and she felt it was unfair not to consider her because of her age.
You are asked to consider the legal implications of this situation and should outline the actions that may result from this complaint.
50 marks
Turnitin®UK Grademark assignments
For Cambridge and Chelmsford students, this assignment is submitted online via Turnitin® Grademark, there is information on preparing your assignment at: https://vle.anglia.ac.uk/sites/LTA/Grademark/Content/Preparing%20my%20Assignment.aspx
Information on submitting your assignment must be read and guidelines adhered to, please ensure you read: https://vle.anglia.ac.uk/sites/LTA/Grademark/Content/Quick-Start.aspx
The direct link to Turnitin® UK Grademark is: http://www.turnitinuk.com
Hard copy assignments (Associate College partners)
This assignment is submitted via hard copy at your college. Academic staff CANNOT accept work directly from you. If you decide to submit your work by post, it must arrive by midday on the due date. If you elect to post your work, you do so at your own risk and you must ensure that sufficient time is provided for your work to arrive. Posting your work the day before a deadline, albeit by first class post, is extremely risky and not advised.
Marking Criteria for Element 010 – 3000 WORD ASSIGNMENT
90-100% 80-89% 70-79% 60-69% 50-59% 40-49% 30-39% 20-29% 10 -19% 0-9%
INTRODUCTION – 10/100 An exceptionally well-written introduction that outlines what the assignment will cover, why it is important and how it is going to be covered. An outstanding introduction that is well-focused and considered. It explains well what the assignment will cover, why it is important and how it is going to be covered. An excellent introduction that is clear and succinct. It outlines what the assignment will cover, why it is important and how it is going to be covered. A very good introduction that highlights the main points of the assignment. The introduction highlighted the major points in the assignment; however, some aspects are missing. There are the beginnings of an introduction apparent. You really need to outline the assignment in terms of what it covers, why it is important and how it is going to be covered. Your introduction is unclear – make sure to focus on what the assignment is about, why it is important to cover it and how it is going to be covered. You have misunderstood the purpose of the introduction. You needed to focus on what the assignment is about, why it is important to cover it and how it is going to be covered. There is some attempt to explain the assignment – but there is not really an introduction. The introduction should give an overview of what the assignment is about. No Introduction apparent.
An introduction is needed as readers need to get an idea what the assignment is about and why it is worthwhile reading it.
MAIN BODY – 70/100 Exceptionally well structured and written main body, with intellectual originality and imagination in terms of inclusion and analysis of legal/ academic literature and cases that demonstrates your theoretical analysis and supports your argument. Sophisticated and well-considered theoretical analysis based on an excellent background of legal/ academic literature and cases. An outstanding argument is outlined. You demonstrate excellent understanding and analysis of the relevant legal/ academic literature and cases. Your ideas are well linked to the theory, whilst at the same time being focused on the assignment task. There is some good analysis of the relevant issues. A good basis of reviewed academic literature and legal cases is provided. In some places you need to explain more fully how the theoretical analysis supports your arguments. Satisfactory use of academic literature and legal cases as the basis of an acceptable analysis that supports your argument. You should try to go beyond description of the literature and cases and build a stronger argument.
The main body largely imitates and describes academic literature and legal cases. A weak argument is formed. There is some difficulty with structure and accuracy in expression.
The main body is not well-focused upon the relevant issues. There is evidence of only limited use of legal cases and academic literature. A very weak argument is formed. General difficulty with structure and accuracy in expression. Little evidence of engagement with legal cases and academic literature and no theoretical analysis and little formulation of an argument. An inadequate information base was used. No real focus of the main body is given, however a vague notion of understanding of the assignment is present. No main body apparent.
Your assignment needs to be appropriately structured, with the inclusion of legal cases and academic literature to demonstrate your theoretical analysis. The argument must be sustained and supported with evidence.
CONCLUSION – 10/100 Exceptional discussion of the argument that is clearly built upon the theoretical analysis. Exceptionally innovative and original conclusions/ recommendations made. Sophisticated and well-considered conclusion that is built upon the theoretical analysis. Outstanding conclusions / recommendations made. An excellent conclusion that is presented thoroughly and clearly based on the theoretical analysis. A good conclusion is made. However, there needs to be a little more careful explanation of how conclusions were reached. A satisfactory conclusion that sometimes goes beyond summarising the main findings. More depth of understanding is desired. There is a little discussion of the conclusion of the assignment and of recommendations although a basic summary is given. A limited understanding of what to conclude from the theoretical analysis is demonstrated. This section is mainly imitative of the main body and descriptive. A weak conclusion is drawn that is based only to a limited extent on the theoretical analysis outlined in the main body. The conclusion is mainly descriptive. An inadequate conclusion is formed with no real focus and lack of structure. An inadequate understanding of the assignment is shown. No conclusion apparent.
You need to provide a concluding summary that links to previous sections in your assignment.
PRESENTATION AND ACADEMIC RIGOUR – 10/100 This assignment was exceptional and original in the way it is written and presented.
Some indicators of this grade:
Exceptional presentation
Exceptionally well-written and expressed
Range and use of references / citations is extraordinarily rigorous
Immaculate spelling and grammar An outstandingly written and presented assignment. The presentation, expression, layout and referencing was consistently outstanding.
Some indicators of this grade:
Impeccable presentation
Outstanding structure
Very well-written and expressed
Outstanding range and use of references/ citations
Excellent spelling and grammar Extremely professional layout and formatting of your assignment. It is very well-written and well-referenced.
Some indicators of this grade:
Professional presentation
Clear focused structure
Written in the right tone
References used to good effect and Harvard referencing/ citations consistently applied
Very good spelling and grammar The assignment is well written and well-presented. In the main it has a clear structure and the layout and presentation is good.
Some indicators of this grade:
Mostly professional presentation
Mostly clear structure
Mostly written in the right tone
References / citations used to good effect and Harvard referencing applied for the most part
Good spelling and grammar Your assignment is fairly well-written and there have been some attempts to make it professional.
Some indicators of this grade:
An effort has been made with the presentation – but could be more polished
Structure is clear
Need to improve the tone
References / citations used to good effect but could improve the use of Harvard referencing
Fairly good spelling and grammar
The presentation of your assignment is fair/ reasonable and there is an effort made to structure your report.
Some indicators of this grade:
Much more effort is needed for professional presentation
Structure is not clear enough
Need to improve the tone
Not enough references/ citations used and need to apply Harvard referencing more fully
Adequate spelling and grammar Your assignment needs more work to improve its presentation and structure.
Some indicators of an unsuccessful attempt:
Presentation is not at all professional
The structure is not clear
Inappropriate tone
None or one/two references/ citations used and need to apply Harvard referencing more fully
Poor spelling and grammar Your assignment is weak in the way it is written and presented. You need to put more thought and care into structuring your work and presenting it.
Some indicators of an unsuccessful attempt and this grade:
Presentation is weak
The structure is confusing
Inappropriate and/or disrespectful tone
None or one/two references/ citations used and need to apply Harvard referencing more fully
Very poor spelling and grammar The assignment is difficult to follow as there is no structure to it and it is poorly written.
Some indicators of an unsuccessful attempt and this grade:
Very weak presentation
Unstructured
Inappropriate and/or disrespectful tone with very poor use of language
None or one/two references/ citations used and need to apply Harvard referencing more fully
Unacceptable spelling and grammar No attempt is made to put the work together into a coherent structure. It is difficult to make sense of the work as it is very poorly written.
Some indicators of an unsuccessful attempt and this grade:
Very poor presentation
Unstructured
Inappropriate and/or disrespectful tone with extremely poor use of language
None or one/two references/ citations used and need to apply Harvard referencing more fully
Unacceptable spelling and grammar
In addition the following criteria will apply:
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
Characteristics of Student Achievement by Marking Band 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. Sat-isfies 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
0% Awarded for: (i) non-submission; (ii) dangerous practice and; (iii) in situations where the student fails to address the assignment brief (eg: answers the wrong question) and/or related learning outcomes
You will be marked on Grademark according to the following criteria:
Question 1
Marking criteria Learning Outcomes
(as set out in Section 1.3) % of overall mark Mark achieved %
Introduction:
Has an outline of the area in question been provided, including a coherent, brief explanation / discussion of the relevant issues?
1; 2; 4 10%
Contents:
Have the relevant, specific issues been defined and identified?
Has an explanation / exploration of the issues identified been provided?
Have suitable legal cases / statutes been fully incorporated as part of the discussions?
Are the arguments / discussions coherent and address the essay question in an appropriate, logical manner?
1; 2; 3; 4 70%
Conclusion
Has a coherent conclusion to the issues raised been provided?
1; 2; 3;4 10%
Presentation and Academic Rigour:
Have the arguments and conclusions been clearly presented and communicated in an appropriate style of language, including using good spelling and grammar?
Has Harvard referencing been applied correctly?
Have the incorporated legal cases been provided with the correct legal citations?
4 10%
Question 2 (The case study/problem question)
Marking criteria Learning Outcomes (as set out in Section 1.3) % of overall mark Mark achieved %
Introduction:
Are the issues emanating from the case study scenario identified and introduced?
Are there brief discussions on how legal principles relate to the question?
1; 2; 3; 4 10%
Contents:
Have the specific issues been defined and identified?
Have suitable legal cases been incorporated as part of the discussions and they used to illustrate the issues in the case scenario?
Has an explanation on the issues identified been provided?
Are the arguments / discussions coherent and applied to the problem question in a logical manner?
1; 2; 3; 4 70%
Conclusion:
Has a coherent conclusion to the issues raised been provided?
Has appropriate advice been given to the parties?
1; 2; 3; 4 10%
Presentation and Academic Rigour:
Have the arguments and conclusions been clearly communicated in an appropriate style of language, including using good spelling and grammar?
Has Harvard referencing been applied correctly?
Have the legal cases discussed been provided with the correct citations? 4 10%
3.3 Re-assessment Information
If you are required to complete a re-sit assessment for this module, please ensure you are aware of this assessment as it will be different to the original assessment.
3.3.1 Re-assessment for Element 010 – 3000 WORD ASSIGNMENT WITH 2 QUESTIONS (100%)
Mark Learning Outcome
1 Question 1 (Essay question) 50% LO 1 – 4
2 Question 2 (Case scenario problem) 50% LO 1 – 4
TOTAL MARKS: 100%
Answer both questions.
Each question carries marks as indicated.
You are advised to divide the word limit equally between the two questions.
You must use appropriate case law in order to support your answers.
Question 1
The law of contract and the law of tort are similar in nature and it is therefore difficult to distinguish between these two legal concepts.
Analyse this statement, with reference to relevant case law throughout, and state whether you agree with this proposition.
50 marks
Question 2
Magley Custom Kitchens (MCK) is a company designing and manufacturing fitted and custom-made kitchen furniture operating from a Business Park in Cambridge. There are 250 workers in the company, which has been operating successfully for fifteen years. You are the Senior Manager of the Accounts office at MCK. Kirstie Blake joined your company as an administrative clerk in the Accounts office five months ago. Kirstie is aged 23 and quite 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 from the married, 47 year old, Accounts administrator, Tim Saxon, about her appearance – including some about her clothes, her figure and the way she dresses. Three months ago, one evening when almost everyone else had left work, Tim approached her and put his arm around her waist, saying “How about a drink after work then?” Kirstie pulled away, rather horrified and started to mutter “No thank you.” Tim said “What’s the problem – anyone who dresses like you is surely willing to go out with me for a drink?” But Kirstie was dumbstruck and she ran out of the office, shaking.
Kirstie did not want to go back to work the next day and she telephoned in, saying she did not feel well. She was off work for three weeks, after visiting her GP suffering from anxiety. Eventually, two months ago, she came back to work and went to the Office Manager, David Grayson, to tell him she wanted a transfer to another post as she was frightened by Tim and did not want to work with him anymore. She was so worried about Tim’s behaviour; she said it was “making her ill.”
David Grayson immediately told her that Tim’s comments were just office ‘banter’ and she should just ignore them. In addition, he said that if she pursued a complaint against Tim and made a formal request for a transfer, he would not support it as he felt that she dressed inappropriately for the office and anyway, Tim 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 Kirstie so much that she left the office crying and telephoned in again saying she did not feel well.
She has come to you asking for advice as she does not want to leave her job but she feels this may be the only option available to her.
Set out the legal implications of this scenario and make recommendations to your company.
50 marks
4. Report on Last Delivery of Module: Not applicable as this is a new Module
5. Links to Other Key Information
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. There is more information on these principles and the types of Assessment Offences here: http://www.anglia.ac.uk/modguide4.aspx Penalties for poor academic practice can be severe so ensure you are aware of what is expected and how to reference correctly.
There is a guide to Good Academic Practice here: http://anglia.libguides.com/plagiarism
Attendance Information: Attending all your classes is very important and one of the best ways to help you succeed in this module. Link to more details on the Attendance Requirements here: http://www.anglia.ac.uk/modguide1.aspx
Assessments and TurnitinUK: TurnitinUK is used for submitting the majority of your assessments, it is important that you read the information on preparing your assignment at:
https://vle.anglia.ac.uk/sites/LTA/Grademark/Content/Preparing%20my%20Assignment.aspx
Information on submitting your assignment must be read and guidelines adhered to, please ensure you read: https://vle.anglia.ac.uk/sites/LTA/Grademark/Content/Quick-Start.aspx
The direct link to TurnitinUK is: http://www.turnitinuk.com
Examinations: Examinations are held in January (semester/trimester 1), May (semester/trimester 2) and in August (trimester 3). All examinations are scheduled by the Examinations Unit, the dates and locations will be posted on the following website: http://web.anglia.ac.uk/anet/students/exams/
External Examiners: An up-to-date list of external examiners is available to students and staff at http://www.anglia.ac.uk/eeinfo The external examiner for this module is in the Human Resources and Organisational Behaviour department. These are academic examiners from other institutions who independently approve and confirm the quality and standard of our modules and assessments.
Feedback in TurnitinUK: Link to more details on the viewing feedback is here: https://vle.anglia.ac.uk/sites/LTA/Grademark/Content/Feedback.aspx
How is My Work Marked and Flowchart of Anglia Ruskin’s Marking Process: 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. More information about this is given here: http://www.anglia.ac.uk/modguide5.aspx
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, more about this process is included here: http://www.anglia.ac.uk/modguide6.aspx
Reading Lists: These are now all available online: http://readinglists.anglia.ac.uk
Re-assessments: Re-assessment dates will be stated on e-vision, you can check the specific date your re-assessment assignment is due in on: http://e-vision.anglia.ac.uk or alternatively, if it is an examination, these are scheduled by the Examinations Unit, the dates and locations will be posted on the following website: http://web.anglia.ac.uk/anet/students/exams/
University Generic Assessment Criteria: This module is at level 6, information on the criteria that the university uses to mark your work can be found here: http://www.anglia.ac.uk/criteria
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Get The Answer Business and Employment Law
Contents
1. Key information, Introduction to the Module and Learning Outcomes 2
1.1 Key Information 2
1.2 Introduction to the Module 2
1.3 Learning Outcomes 2
2. Employability Skills in this Module 3
3. Outline Delivery and Reading Lists @ Anglia 4
3.1 Outline Delivery 4
3.2 Reading List and Learning Resources 5
4. Assessment on this Module 5
Feedback 6
How to View Your Feedback in Turnitin Grademark 6
4.1 Assessment Information and Marking Criteria 8
4.1.1 Element 010 – 3000 WORD ASSIGNMENT (100%) 8
Marking Criteria for Element 010 – 3000 WORD ASSIGNMENT 10
4.2 Re-assessment Information 15
4.2.1 Re-assessment for Element 010 – 3000 WORD ASSIGNMENT (100%) 15
5. Report on Last Delivery of Module 17
6. Links to Other Key Information 17
1. Key information, Introduction to the Module and Learning Outcomes
1.1 Key Information
Module title: Business and Employment Law
Module Leader: Dr Lynda Diane Irving
Campus / Building / Room: Cambridge / Lord Ashcroft Building / 3rd floor
Extension: 2229
Email: diane.irving@anglia.ac.uk
Module Tutors: Nigel French, Diane Irving and others
External Examiners DAP: Human Resources and Organisational Behaviour
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.
1.2 Introduction to the Module
This Module will provide students with an appreciation of the various ways in which the Law impacts upon the domestic and international business environment. The Module is an introduction to a broad range of legal issues. This foundation will enable students to have an understanding of how such legal issues permeate the world of commerce and everyday life.
The Module will focus on the nature and sources of Business Law in England, on the Law of Contract with regard to both goods and services and on the Law of Tort, in particular, negligence and vicarious liability. The rights and obligations of legal entities to each other will be examined. There will be an exploration of the various corporate st;[[ructures through which business is conducted. Consideration will be given to the manner in which legislation and case law impacts upon the employment relationship; this will include the role of the Contract of Employment and other current Employment Law issues, including unfair dismissal, employee status and Discrimination Law.
Assessment is by means of written coursework. The coursework constitutes 100% of the total marks. The assessment is divided into two questions. The first will comprise essay questions covering aspects of the English Legal System and Tort or Employment issues. The other half of the assessment will be a case study scenario where the students will be required to apply the Law to a given problem, manage this information and communicate appropriately and effectively their advice to the parties.
1.3 Learning Outcomes
This module, like all modules at Anglia Ruskin, is taught on the basis of achieving intended learning outcomes. On successful completion of the module, the student will be expected to be able to demonstrate the following:
Knowledge and understanding
Intellectual, practical, affective and transferable skills LO 1. Demonstrate a secure knowledge and accurate understanding of the fundamental principles and concepts of the English Legal System and the Law of Contract, including an appreciation of the impact of the Law of Tort and Employment Law upon the area of business.
LO 2. Understand, analyse and critically evaluate the legal implications of decisions, plans or proposals in the business environment.
LO 3. Identify, locate and synthesize complex legal materials in order to evaluate straightforward factual problems, using appropriate reasoned arguments.
LO 4. Critically evaluate and discuss the operation of aspects of Business and Employment Law in contemporary society.
The assessment is based on meeting these learning outcomes, shown explicitly in section 4, where the assessment task is linked to these learning outcomes.
2. Employability Skills 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
Networking
Organisational adaptability
Project Management x
Problem Solving and analytical skills x
Responsibility
Team working
Time Management
Other x
3. Outline Delivery and Reading Lists @ Anglia
3.1 Outline Delivery
The table below indicates how the module will be delivered. However, this schedule is indicative and may be subject to change according to need.
Week Lecture Seminar Student-managed Learning
1 Introduction:
Background to Programme/Assessment
Branches of law – civil/criminal
The impact of the Law on Business The Common Law system
The need for laws to regulate business Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, pp 3 – 15 OR David Kelly; Ruth Hayward; Ruby Hammer; John Hendy (2011) Business Law, Taylor & Francis, pp 4 – 16
2 Sources of law
Precedent, Statutes, legislation, EU law Civil and criminal law issues Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, Chapter 3 OR David Kelly; Ruth Hayward; Ruby Hammer; John Hendy (2011) Business Law, Taylor & Francis, pp 16 – 48
3 The Court system
Legal players: judges, juries and lawyers
Alternative Dispute Mechanism: ADR and tribunals The Court system Statutory Interpretation Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, Chapter 2 OR David Kelly; Ruth Hayward; Ruby Hammer; John Hendy (2011) Business Law, Taylor & Francis, Chapters 2 (for the Court System) and 3 (for ADR)
4 Contract law Part 1
Formation of a contract – The Offer and Acceptance, Intention to create a legal relationship, Consideration, Capacity and Privity of Contract What is a contract?
Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, pp 83 – 113, pp. 117 – 153 OR David Kelly; Ruth Hayward; Ruby Hammer; John Hendy (2011) Business Law, Taylor & Francis, pp 234 – 260
5 Contract Law Part 2
Formation of a Contract – Terms, Exclusion clauses and Vitiating Factors Forming a Contract – Contractual principles Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, Chapters 6, 7 and 8 OR David Kelly; Ruth Hayward; Ruby Hammer; John Hendy (2011) Business Law, Taylor & Francis, Chapters 9, 10 and 11
6 The Law of Tort
Tortious liability: Negligence, Vicarious Liability
Tortious issues: Negligence Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, pp 339 – 376 OR David Kelly; Ruth Hayward; Ruby Hammer; John Hendy (2011) Business Law, Taylor & Francis, Chapter 13
7 Cambridge students:
Reading Week
Chelmsford students:
Employment Law 1: ‘Employee and Worker’
Establishing employee status Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, pp 421 – 426 OR Turner, Chris (2013) Unlocking Employment Law, Taylor and Francis, Chapter 4
8 Cambridge students:
Employment Law 1: ‘Employee and Worker’
Chelmsford students:
Reading Week
Establishing employee status Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford pp 427 – 442 OR Turner, Chris (2013) Unlocking Employment Law, Taylor and Francis, Chapters 21 and 22
9 Employment Law 2:
Dismissal
The difference between wrongful and unfair dismissal Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, pp 454 – 470 OR Turner, Chris (2013) Unlocking Employment Law, Taylor and Francis, Chapters 9
10 Employment Law 3:
Discrimination: Prohibited conduct and Protected groups Discrimination in the Workplace Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, pp 446 – 454 OR Turner, Chris (2013) Unlocking Employment Law, Taylor and Francis, Chapters 11 – 14
11 Business structures Coursework workshop Reading and Preparation
Jones, L. (2013) Introduction to Business Law, 2nd edition, Oxford, Chapters 15, 16and 17 OR David Kelly; Ruth Hayward; Ruby Hammer; John Hendy (2011) Business Law, Taylor & Francis, Chapters 6 and7
12 Revision Review semester’s notes
3.2 Reading List and Learning Resources
The reading list and learning resources for this module are available on Reading Lists at Anglia, you can access the reading list for this module, via this link: http://readinglists.anglia.ac.uk/lists/BA137F38-F2B1-186D-1EBF-C8FB4A9687F0.html
The assessment for this module consists of one elements with two questions.
Element Type of assessment Word or time limit % of Total Mark Submission method Final Submission Date
010 3,000 Word Assignment 3,000 100% Quick Guide to Submitting on Turnitin®UK GradeMark
Turnitin®UK Grademark
or
in hard copy (off main UK campus only) NO LATER THAN:
14th December, 2015 by 2pm
All 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 (excluding exams).
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 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
Sarah has written to you saying that, although she realised that the initial job advertisement had specified that the candidate be under 40 years of age, she thought she would be very good at the job and she felt it was unfair not to consider her because of her age.
You are asked to consider the legal implications of this situation and should outline the actions that may result from this complaint.
50 marks
Turnitin®UK Grademark assignments
For Cambridge and Chelmsford students, this assignment is submitted online via Turnitin® Grademark, there is information on preparing your assignment at: https://vle.anglia.ac.uk/sites/LTA/Grademark/Content/Preparing%20my%20Assignment.aspx
Information on submitting your assignment must be read and guidelines adhered to, please ensure you read: https://vle.anglia.ac.uk/sites/LTA/Grademark/Content/Quick-Start.aspx
The direct link to Turnitin® UK Grademark is: http://www.turnitinuk.com
Hard copy assignments (Associate College partners)
This assignment is submitted via hard copy at your college. Academic staff CANNOT accept work directly from you. If you decide to submit your work by post, it must arrive by midday on the due date. If you elect to post your work, you do so at your own risk and you must ensure that sufficient time is provided for your work to arrive. Posting your work the day before a deadline, albeit by first class post, is extremely risky and not advised.
Marking Criteria for Element 010 – 3000 WORD ASSIGNMENT
90-100% 80-89% 70-79% 60-69% 50-59% 40-49% 30-39% 20-29% 10 -19% 0-9%
INTRODUCTION – 10/100 An exceptionally well-written introduction that outlines what the assignment will cover, why it is important and how it is going to be covered. An outstanding introduction that is well-focused and considered. It explains well what the assignment will cover, why it is important and how it is going to be covered. An excellent introduction that is clear and succinct. It outlines what the assignment will cover, why it is important and how it is going to be covered. A very good introduction that highlights the main points of the assignment. The introduction highlighted the major points in the assignment; however, some aspects are missing. There are the beginnings of an introduction apparent. You really need to outline the assignment in terms of what it covers, why it is important and how it is going to be covered. Your introduction is unclear – make sure to focus on what the assignment is about, why it is important to cover it and how it is going to be covered. You have misunderstood the purpose of the introduction. You needed to focus on what the assignment is about, why it is important to cover it and how it is going to be covered. There is some attempt to explain the assignment – but there is not really an introduction. The introduction should give an overview of what the assignment is about. No Introduction apparent.
An introduction is needed as readers need to get an idea what the assignment is about and why it is worthwhile reading it.
MAIN BODY – 70/100 Exceptionally well structured and written main body, with intellectual originality and imagination in terms of inclusion and analysis of legal/ academic literature and cases that demonstrates your theoretical analysis and supports your argument. Sophisticated and well-considered theoretical analysis based on an excellent background of legal/ academic literature and cases. An outstanding argument is outlined. You demonstrate excellent understanding and analysis of the relevant legal/ academic literature and cases. Your ideas are well linked to the theory, whilst at the same time being focused on the assignment task. There is some good analysis of the relevant issues. A good basis of reviewed academic literature and legal cases is provided. In some places you need to explain more fully how the theoretical analysis supports your arguments. Satisfactory use of academic literature and legal cases as the basis of an acceptable analysis that supports your argument. You should try to go beyond description of the literature and cases and build a stronger argument.
The main body largely imitates and describes academic literature and legal cases. A weak argument is formed. There is some difficulty with structure and accuracy in expression.
The main body is not well-focused upon the relevant issues. There is evidence of only limited use of legal cases and academic literature. A very weak argument is formed. General difficulty with structure and accuracy in expression. Little evidence of engagement with legal cases and academic literature and no theoretical analysis and little formulation of an argument. An inadequate information base was used. No real focus of the main body is given, however a vague notion of understanding of the assignment is present. No main body apparent.
Your assignment needs to be appropriately structured, with the inclusion of legal cases and academic literature to demonstrate your theoretical analysis. The argument must be sustained and supported with evidence.
CONCLUSION – 10/100 Exceptional discussion of the argument that is clearly built upon the theoretical analysis. Exceptionally innovative and original conclusions/ recommendations made. Sophisticated and well-considered conclusion that is built upon the theoretical analysis. Outstanding conclusions / recommendations made. An excellent conclusion that is presented thoroughly and clearly based on the theoretical analysis. A good conclusion is made. However, there needs to be a little more careful explanation of how conclusions were reached. A satisfactory conclusion that sometimes goes beyond summarising the main findings. More depth of understanding is desired. There is a little discussion of the conclusion of the assignment and of recommendations although a basic summary is given. A limited understanding of what to conclude from the theoretical analysis is demonstrated. This section is mainly imitative of the main body and descriptive. A weak conclusion is drawn that is based only to a limited extent on the theoretical analysis outlined in the main body. The conclusion is mainly descriptive. An inadequate conclusion is formed with no real focus and lack of structure. An inadequate understanding of the assignment is shown. No conclusion apparent.
You need to provide a concluding summary that links to previous sections in your assignment.
PRESENTATION AND ACADEMIC RIGOUR – 10/100 This assignment was exceptional and original in the way it is written and presented.
Some indicators of this grade:
Exceptional presentation
Exceptionally well-written and expressed
Range and use of references / citations is extraordinarily rigorous
Immaculate spelling and grammar An outstandingly written and presented assignment. The presentation, expression, layout and referencing was consistently outstanding.
Some indicators of this grade:
Impeccable presentation
Outstanding structure
Very well-written and expressed
Outstanding range and use of references/ citations
Excellent spelling and grammar Extremely professional layout and formatting of your assignment. It is very well-written and well-referenced.
Some indicators of this grade:
Professional presentation
Clear focused structure
Written in the right tone
References used to good effect and Harvard referencing/ citations consistently applied
Very good spelling and grammar The assignment is well written and well-presented. In the main it has a clear structure and the layout and presentation is good.
Some indicators of this grade:
Mostly professional presentation
Mostly clear structure
Mostly written in the right tone
References / citations used to good effect and Harvard referencing applied for the most part
Good spelling and grammar Your assignment is fairly well-written and there have been some attempts to make it professional.
Some indicators of this grade:
An effort has been made with the presentation – but could be more polished
Structure is clear
Need to improve the tone
References / citations used to good effect but could improve the use of Harvard referencing
Fairly good spelling and grammar
The presentation of your assignment is fair/ reasonable and there is an effort made to structure your report.
Some indicators of this grade:
Much more effort is needed for professional presentation
Structure is not clear enough
Need to improve the tone
Not enough references/ citations used and need to apply Harvard referencing more fully
Adequate spelling and grammar Your assignment needs more work to improve its presentation and structure.
Some indicators of an unsuccessful attempt:
Presentation is not at all professional
The structure is not clear
Inappropriate tone
None or one/two references/ citations used and need to apply Harvard referencing more fully
Poor spelling and grammar Your assignment is weak in the way it is written and presented. You need to put more thought and care into structuring your work and presenting it.
Some indicators of an unsuccessful attempt and this grade:
Presentation is weak
The structure is confusing
Inappropriate and/or disrespectful tone
None or one/two references/ citations used and need to apply Harvard referencing more fully
Very poor spelling and grammar The assignment is difficult to follow as there is no structure to it and it is poorly written.
Some indicators of an unsuccessful attempt and this grade:
Very weak presentation
Unstructured
Inappropriate and/or disrespectful tone with very poor use of language
None or one/two references/ citations used and need to apply Harvard referencing more fully
Unacceptable spelling and grammar No attempt is made to put the work together into a coherent structure. It is difficult to make sense of the work as it is very poorly written.
Some indicators of an unsuccessful attempt and this grade:
Very poor presentation
Unstructured
Inappropriate and/or disrespectful tone with extremely poor use of language
None or one/two references/ citations used and need to apply Harvard referencing more fully
Unacceptable spelling and grammar
In addition the following criteria will apply:
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
Characteristics of Student Achievement by Marking Band 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. Sat-isfies 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
0% Awarded for: (i) non-submission; (ii) dangerous practice and; (iii) in situations where the student fails to address the assignment brief (eg: answers the wrong question) and/or related learning outcomes
You will be marked on Grademark according to the following criteria:
Question 1
Marking criteria Learning Outcomes
(as set out in Section 1.3) % of overall mark Mark achieved %
Introduction:
Has an outline of the area in question been provided, including a coherent, brief explanation / discussion of the relevant issues?
1; 2; 4 10%
Contents:
Have the relevant, specific issues been defined and identified?
Has an explanation / exploration of the issues identified been provided?
Have suitable legal cases / statutes been fully incorporated as part of the discussions?
Are the arguments / discussions coherent and address the essay question in an appropriate, logical manner?
1; 2; 3; 4 70%
Conclusion
Has a coherent conclusion to the issues raised been provided?
1; 2; 3;4 10%
Presentation and Academic Rigour:
Have the arguments and conclusions been clearly presented and communicated in an appropriate style of language, including using good spelling and grammar?
Has Harvard referencing been applied correctly?
Have the incorporated legal cases been provided with the correct legal citations?
4 10%
Question 2 (The case study/problem question)
Marking criteria Learning Outcomes (as set out in Section 1.3) % of overall mark Mark achieved %
Introduction:
Are the issues emanating from the case study scenario identified and introduced?
Are there brief discussions on how legal principles relate to the question?
1; 2; 3; 4 10%
Contents:
Have the specific issues been defined and identified?
Have suitable legal cases been incorporated as part of the discussions and they used to illustrate the issues in the case scenario?
Has an explanation on the issues identified been provided?
Are the arguments / discussions coherent and applied to the problem question in a logical manner?
1; 2; 3; 4 70%
Conclusion:
Has a coherent conclusion to the issues raised been provided?
Has appropriate advice been given to the parties?
1; 2; 3; 4 10%
Presentation and Academic Rigour:
Have the arguments and conclusions been clearly communicated in an appropriate style of language, including using good spelling and grammar?
Has Harvard referencing been applied correctly?
Have the legal cases discussed been provided with the correct citations? 4 10%
3.3 Re-assessment Information
If you are required to complete a re-sit assessment for this module, please ensure you are aware of this assessment as it will be different to the original assessment.
3.3.1 Re-assessment for Element 010 – 3000 WORD ASSIGNMENT WITH 2 QUESTIONS (100%)
Mark Learning Outcome
1 Question 1 (Essay question) 50% LO 1 – 4
2 Question 2 (Case scenario problem) 50% LO 1 – 4
TOTAL MARKS: 100%
Answer both questions.
Each question carries marks as indicated.
You are advised to divide the word limit equally between the two questions.
You must use appropriate case law in order to support your answers.
Question 1
The law of contract and the law of tort are similar in nature and it is therefore difficult to distinguish between these two legal concepts.
Analyse this statement, with reference to relevant case law throughout, and state whether you agree with this proposition.
50 marks
Question 2
Magley Custom Kitchens (MCK) is a company designing and manufacturing fitted and custom-made kitchen furniture operating from a Business Park in Cambridge. There are 250 workers in the company, which has been operating successfully for fifteen years. You are the Senior Manager of the Accounts office at MCK. Kirstie Blake joined your company as an administrative clerk in the Accounts office five months ago. Kirstie is aged 23 and quite 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 from the married, 47 year old, Accounts administrator, Tim Saxon, about her appearance – including some about her clothes, her figure and the way she dresses. Three months ago, one evening when almost everyone else had left work, Tim approached her and put his arm around her waist, saying “How about a drink after work then?” Kirstie pulled away, rather horrified and started to mutter “No thank you.” Tim said “What’s the problem – anyone who dresses like you is surely willing to go out with me for a drink?” But Kirstie was dumbstruck and she ran out of the office, shaking.
Kirstie did not want to go back to work the next day and she telephoned in, saying she did not feel well. She was off work for three weeks, after visiting her GP suffering from anxiety. Eventually, two months ago, she came back to work and went to the Office Manager, David Grayson, to tell him she wanted a transfer to another post as she was frightened by Tim and did not want to work with him anymore. She was so worried about Tim’s behaviour; she said it was “making her ill.”
David Grayson immediately told her that Tim’s comments were just office ‘banter’ and she should just ignore them. In addition, he said that if she pursued a complaint against Tim and made a formal request for a transfer, he would not support it as he felt that she dressed inappropriately for the office and anyway, Tim 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 Kirstie so much that she left the office crying and telephoned in again saying she did not feel well.
She has come to you asking for advice as she does not want to leave her job but she feels this may be the only option available to her.
Set out the legal implications of this scenario and make recommendations to your company.
50 marks
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Business and Employment Law
Business and Employment LawTB2 Employment Law.
READING Main text:
Gwyneth Pitt, Employment Law (9th edn, Sweet & Maxwell 2014)
Statute Book
Any up to date statute book, (employment law changes often). such as Blackstones.
Other books:
Deacon and Morris, Labour Law (6th edn, Hart 2012)
Bowers & Honeyball, Textbook on Labour Law (13th edn, OUP 2014) Collins, Ewing, McColgan, Labour Law (CUP 2012)
Michael Connolly, Discrimination Law (2nd edn, Thompson, Sweet and Maxwell 2010).
Lucy Jones, Introduction to Business Law (3rd edn, OUP 2015), Chs 13 & 14 (very basic, and does not cover all the tpoics)
Cases and Materials
Painter, R.W., Holmes, A., Cases and Materials on Employment Law, 9th ed, (2012, OUP), paperback, ISBN –13 978-0199639823.
Online/Journals
Industrial Law Journal
Reference only:
Harvey on Industrial Relations and Employment Law, via Lexis, ‘Practice areas’. (Useful practitioners’ service, with academic comment.)
Specialist Series of Law Reports:
Industrial Relations Law Reports (IRLR) (Lexis) Carries useful case commentaries in each volume.
Industrial Cases Reports (ICR) (Westlaw and hard copies in library*)
Specialist Periodicals
(N.B. These periodicals focus on all aspects of Employment Law (or all aspects of discrimination law),but please note that many excellent articles on this area appear in the mainstream journals, e.g. MLR, LQR, CLJ, etc)
Industrial Law Journal (ILJ) In-depth commentaries and scholarly articles. Employment Law Bulletin (Westlaw). Shorter commentaries.
International Journal of Discrimination and the Law
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