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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