Download institute of legal executives

15 June 2016
Level 3
EMPLOYMENT LAW
Subject Code L3-6
THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES
UNIT 6 – EMPLOYMENT LAW*
Time allowed: 1 hour and 30 minutes plus 15 minutes’ reading time
Instructions to Candidates

You have FIFTEEN minutes to read through this question paper before the start of
the examination.

It is strongly recommended that you use the reading time to read this
question paper fully. However, you may make notes on this question paper or in
your answer booklet during this time, if you wish.

This question paper is divided into TWO sections. You must answer ALL the
questions from Section A. There are three scenarios in Section B. You must
answer the questions relating to ONE of the scenarios from Section B ONLY.

Write in full sentences – a yes or no answer will earn no marks.

Candidates must comply with the CILEx Examination Regulations.

Full reasoning must be shown in answers. Statutory authorities, decided cases and
examples should be used where appropriate.
Information for Candidates

The mark allocation for each question and part-question is given and you are advised
to take this into account in planning your work.

Write in blue or black ink or ballpoint pen.

Attention should be paid to clear, neat handwriting and tidy alterations.

Complete all rough work in your answer booklet. Cross through any work you do not
want marked.
Do not turn over this page until instructed by the Invigilator.
*
This unit is a component of the CILEx LEVEL 3 PROFESSIONAL QUALIFICATIONS and LEVEL 3 LEGAL
SERVICES KNOWLEDGE QUALIFICATIONS
Page 1 of 12
BLANK PAGE
Page 2 of 12
SECTION A
(Answer ALL questions in Section A)
1.
Define what is meant by an employee?
2.
Identify five protected characteristics within the Equality Act 2010.
(2 marks)
(5 marks)
3.
Explain the circumstances under which a claim for wrongful dismissal can be
brought.
(2 marks)
4.
Identify three employment rights employees have under statute or
regulation.
(3 marks)
5.
Identify two optional terms an employer may include in a contract of
employment.
(2 marks)
6.
Identify and explain two ways an employee can be dismissed.
(4 marks)
7.
Identify and explain two implied common law duties of an employer.
(4 marks)
8.
Identify four potential fair reasons for a dismissal.
(4 marks)
9.
Explain what is meant by the term mutuality of obligation.
(4 marks)
(Total Marks for Section A: 30 marks)
Turn over
Page 3 of 12
SECTION B
(There are three scenarios in Section B. Answer the questions relating to
ONE of the scenarios ONLY)
Scenario 1
Abha owns ‘Asian Flavourz’, a successful restaurant in Kempston.
Asian Flavourz employs Ben, who is the top chef and he works from 10 in the
morning until 12 midnight every day. During the last 12 months, Abha has not
allowed Ben to take any holidays. Abha is worried that if Ben goes on holiday,
this will be bad for business, as Ben is popular with the customers.
Ben told Abha that his doctor had recently diagnosed him with work-related
stress. Abha told Ben he could not have any time off sick unless he could arrange
for another chef to cover for him.
The restaurant also offers a home delivery service, and Abha hired Catya on a
casual basis to help with deliveries during busy times. The home delivery service
has been so successful that Catya has worked full-time for the last two years.
Catya wears the company uniform but uses her own car to make the deliveries.
Abha told Catya that when there are no deliveries to be made, she must answer
the phone and greet and seat the customers in the restaurant. Catya submits an
invoice each month for the hours worked. Abha pays the invoices after deducting
tax and national insurance. When Catya was ill last month, she sent her brother
Douglas to cover her shift. Abha allowed Douglas to cover Catya’s shift.
One Friday evening Ben asked Catya to go out on a romantic date. He became
angry when she told him she was married. The next evening Catya made a
mistake with a telephone order. When she handed Ben the wrong order, he
yelled at her: ‘This restaurant is no place for a stupid little girl to work’ and threw
a plate at her, shouting ‘Get out and don’t come back’.
Ethan, a waiter employed by Asian Flavourz, witnessed this incident and told
Catya to use the business’s grievance procedure and make a formal complaint to
Abha. Ethan says he will give a statement to support Catya. Ben tells Ethan that
if he doesn’t stay out of it, he will tell Abha to sack him as well.
Page 4 of 12
Scenario 1 Questions
1.
2.
(a)
Explain what claim Ben could bring against Asian Flavourz under the
Working Time Regulations 1998.
(6 marks)
(b)
Explain which common law claim Ben could bring against Asian
Flavourz.
(6 marks)
(Total: 12 marks)
(a)
Identify the factors and apply the legal tests that could determine
whether Catya is an employee of Asian Flavourz.
(6 marks)
(b)
Identify the factors and apply the legal tests that could determine
whether Catya is self-employed.
(6 marks)
(Total: 12 marks)
3.
Explain the two discrimination claims that Catya may be able to bring
against Asian Flavourz regarding Ben’s behaviour.
(10 marks)
4.
Explain what discrimination claim Ethan may have in relation to Ben’s
behaviour.
(6 marks)
(Total Marks for Scenario 1: 40 marks)
Turn over
Page 5 of 12
Scenario 2
Jonah owns ‘Kempston Boat Hire’ which hires out boats on Kempston Lake.
Jonah has employed Kevin for four months. Kevin’s job is to maintain the boats
and keep them in good condition. Despite several warnings from Jonah that his
work is not up to standard, Kevin fails to maintain the boats properly. Jonah
gives Kevin three days’ notice of dismissal and tells him he has to go because he
is not doing his job properly. This makes Kevin angry and he deliberately drills a
hole in one of the boats.
Lana, the supervisor, has been employed by Jonah for eight years. On Kevin’s
last day, Lana pushes Kevin into the lake ‘for a laugh’. Jonah screams at Lana
that he has had enough of her ‘playing the fool’ and tells her to leave and not to
come back.
Morris and Nicola work in Kempston Boat Hire’s office. Morris is annoyed that
Jonah has dismissed Lana, so he uses Nicola’s computer to edit the photo of
Jonah on the company website to make Jonah look like a clown. Jonah sees this
photo, and his computer expert establishes that the photo was edited on Nicola’s
computer. Jonah calls Nicola into an immediate disciplinary meeting in his office.
Nicola denies all knowledge of the photo and points out that anyone could have
used her computer. Jonah immediately dismisses her.
Page 6 of 12
Scenario 2 Questions
1.
(a)
Advise Kevin what claim, if any, he may have against Kempston Boat
Hire.
(10 marks)
(b)
Identify the possible venues where Kevin’s claim may be brought.
(2 marks)
(Total: 12 marks)
2.
(a)
Explain the requirements for a claim for unfair dismissal.
(6 marks)
(b)
Explain whether Lana has a claim for unfair dismissal against
Kempston Boat Hire.
(10 marks)
(Total: 16 marks)
3.
Explain the procedural steps that Jonah should have taken when disciplining
Nicola.
(9 marks)
4.
Identify the remedies available to Nicola if she succeeds in an unfair
dismissal claim.
(3 marks)
(Total Marks for Scenario 2: 40 marks)
Turn over
Page 7 of 12
Scenario 3
Luke owns ‘Salamanders’, a residential activity camp for teenagers in Kempston.
Maya supervises the camp leaders who are responsible for looking after the
teenagers during their stay.
Every morning, Luke gives Maya a job list, which identifies the camp leaders and
the names of the teenagers they will be responsible for that day. Maya wears the
company uniform and uses her own quad bike to travel around the campsite. The
quad bike has the ‘Salamanders’ logo on it. Maya is responsible for the repair
and maintenance of the quad bike herself. When Maya needs time off work, Luke
allows her husband to cover her shift.
Recently Luke held a fundraising event on the campsite. Maya was very drunk
and was riding her quad bike around the campsite. Later that day, Luke told
Maya that her behaviour was unacceptable under the business’s disciplinary
policy, and she must pack up her things, leave and not come back. Maya
responded by telling Luke he had no right to dismiss her like that.
Nate is a school leaver, aged 18, who was employed by Salamanders as a junior
camp leader five months ago. Nate is paid £3.00 per hour and is required to
work 12 hours a day for five days per week. Nate has not been given any other
details of his employment conditions. Luke has informed him that he is not
entitled to anything in writing.
Ophelia is another camp leader employed full-time by Salamanders. Fifteen
months ago, Ophelia broke her neck, after falling down some steps in her local
town centre, and she has been on long-term sick leave since then. She still has a
lot of pain in her back when walking or standing for long periods of time. Ophelia
wishes to return to work, but is worried whether she will cope with full-time
hours.
Page 8 of 12
Scenario 3 Questions
1.
2.
3.
In relation to Maya:
(a)
explain which factors indicate that she may be an employee of
Salamanders and which legal tests apply;
(6 marks)
(b)
explain which factors indicate that she may be self-employed and
which legal tests apply;
(5 marks)
(c)
explain whether Salamanders has lawfully terminated Maya’s contract
of employment.
(3 marks)
(Total: 14 marks)
Explain to Nate:
(a)
whether he is entitled to any documentation from his employer, and
what action can be taken if he does not receive it;
(7 marks)
(b)
his rights in respect of his pay and working hours.
(a)
Advise Ophelia whether her neck injury qualifies as a disability under
the Equality Act 2010.
(8 marks)
(b)
Identify and explain the legal obligation owed by Salamanders to
Ophelia.
(4 marks)
(c)
Identify two ways in which Salamanders could support Ophelia in the
workplace when she returns.
(2 marks)
(Total: 14 marks)
(5 marks)
(Total: 12 marks)
(Total Marks for Scenario 3: 40 marks)
End of Examination Paper
© 2016 The Chartered Institute of Legal Executives
Page 9 of 12
BLANK PAGE
Page 10 of 12
BLANK PAGE
Page 11 of 12
BLANK PAGE
Page 12 of 12