EMPLOYMENT LAW就业法-Level Five Undergraduate留学生本科dissertation

1. Tom worked as a personal trainer for Unfit Ltd, a prestigious gym club located in Jesmond, in Newcastle.  He had worked for the company since April 2009.  His contract contained the following terms:姆担任不适宜有限公司，是一家著名的健身俱乐部位于杰斯蒙，在纽卡斯尔的一个私人教练。 2009年4月以来，他为公司工作。他的合同包含以下条款：

 

• He was required to wear a uniform supplied by Unfit Ltd.他被要求穿制服由不适宜有限公司提供

• He was required to use the company’s equipment and support staff.他被要求使用该公司的设备和支持人员

• He was guaranteed a minimum of 20 sessions with the company’s members.他保证至少20次与该公司的成员

• He was not entitled to sick pay or membership of the company’s pension scheme他不享有病假工资或公司的退休金计划成员

• In the event that he was unable to work due to sickness, he could substitute himself with one of the company’s other personal trainers, on receipt of written permission from Unfit Ltd.在事件，他是因病无法工作，他可以代替自己与公司的其他私人教练之一，不适宜有限公司收到的书面许可

• He was responsible for paying his own tax and national insurance: the Human Resources Department had asked him last month if he would prefer to work on a self-employed basis, saying that he would pay lass tax.  Tom agreed to this.他负责支付自己的税和国家保险，人力资源部曾问他，如果上个月他宁愿自雇的基础上工作，他说，他将支付姑娘税。汤姆表示同意

 

This morning Tom came into work and was informed that his contract with Unfit Ltd had been terminated with immediate effect due to persistent poor job performance这个早晨，汤姆投入到工作中来，并获悉，已终止与他的合同不适宜有限公司具有立竿见影的效果，由于持续工作表现不佳

 

Required:

 

Looking carefully at the scenario above advise Tom as to whether or not he may be able to claim unfair dismissal from Unfit.仔细看汤姆奉劝上述情况下，他是否能够要求不公平解雇不适宜。

(50 marks)

 

2.You are employed as the Human  Resources Manager of a local manufacturing company that provides components for a multi national company that makes motor vehicles.Your firm currently employs 2000 employees but as a result of the economic recession and a consequent reduction in demand there is a requirement to reduce the workforce.The Managing  Director has initially suggested that as many as 400 employees may need to be made redundant but he is prepared to slightly reduce this figure if cost savings can be made elsewhere.A trade union is recognized for bargaining and consultation purposes.The Managing Director has requested that you prepare a plan to ensure that the organization effectively and legally deals with all of the issues associated with such a large scale redundancy.你被录用为本地制造公司提供的组件多的国家公司，使电机vehicles.Your坚定的人力资源经理，目前拥有员工2000名员工，但由于经济衰退和随之而来的需求减少，有一个要求减少在工作中.公司的董事总经理已初步建议可能需要多达400名员工被遣散，但他准备这个数字略有减少，如果成本可以节省在任何地方。.工会谈判和协商确认请您准备一份计划，以确保该组织有效和合法的处理所有相关的问题，如此大规模的冗余目的。

 

Required:

 

Looking carefully at the scenario above produce a plan which you will table at the next Senior Management Meeting.    

(50 marks)

 

Important note about ARNA regulations

 

The regulations specify that students must complete every assessment component contributing to the modules on their programme.  This applies to all forms of assessment as defined in the module descriptor.  Please note that:

 

• if any assessment component is not completed, students will be failed in the module even if the module pass mark has been achieved;

• if the requirements for referral specified in section 5 of ARNA1 are met, a resit opportunity will be given;

• if unable to complete an assessment component because of extenuating circumstances, students should follow the procedure described in the Student Guide to Extenuating Circumstances1.

 

This change was approved by Academic Board on 12 October 2009 in consultation with the Students’ Union.  Students should consult their Programme Leader or Guidance Tutor if they have any queries. Independent advice and support is also available from the Students’ Union Advice & Representation Centre ([email protected]) or from a student adviser in Student Services. 

 

1ARNA and the Student Guide to Extenuating Circumstances Affecting Assessed Work are available from http://www.northumbria.ac.uk/sd/central/ar/lts/assess/assproc/assdocstud/

 

Word Count

 

The word count is to be declared on the front page of your assignment.  The word count does not include title page, contents page, glossary, tables, figures, illustrations, reference list, bibliography and appendices.

Summarising and compressing the information in your assignment into the word limit is one of the skills that students are expected to acquire, and demonstrate as part of the assignment process. 

Word limits and penalties for assignments

If the assignment is within +10% of the stated word limit no penalty will apply.  However, if the word limit exceeds the +10% limit, 10% of the mark provisionally awarded to the assignment will be deducted.  For example: if the assignment is worth 70% but is above the word limit by more than 10%, a penalty of 7% will be imposed, giving a final mark of 63%.

 

Time limits and penalties for presentations

 

The time allocated for the presentation must be adhered to.  At the end of this time, the presentation will be stopped and will be marked based on what has been delivered within the time limit.#p#分页标题#e#

 

Submission of Assessment:

 

All assignments must be submitted via the Undergraduate Programme Office.  Each assignment must be accompanied by an Assessed Work Form which must be completed in full.  The assignment will not be accepted by the Undergraduate Programme Office unless the form is completed correctly.

Marked assignments will be returned to students.  It is advisable to retain a copy of your assignment for you own records.  Your mark will be returned on the Assessed Work Form via the Undergraduate Programme Office.

 

Referencing your work

 

The Harvard method of referring to publications and of arranging references uses the author's name and the date of the publication. References are listed at the end of the text in alphabetical order by author's name.  The general format of a journal reference is shown below:

Smith, J. (1999) ‘How to succeed!’, Journal of Entrepreneurs, 1 (2),pp.34-56

Author/s name and initials are listed first, followed by year of publication in brackets.  Then there is the title of article and the journal where article appears, which is in italics.  Finally, state the volume and issue Number (in brackets) along with the pages where article can be located.

For further information, access the Referencing web page found on the Library website: http://www.ukthesis.org/dissertation_writing/Law/

You will find other useful help guides on the Library web pages to help you with researching and writing your assessments.

 

Plagiarism and Cheating

 

Your attention is drawn to the University’s stated position on plagiarism. THE WORK OF OTHERS, WHICH IS INCLUDED IN THE ASSIGNMENT MUST BE ATTRIBUTED TO ITS SOURCE (a full bibliography and a list of references must be submitted).

Please note that this is intended to be an individual piece of work.  Action will be taken where a student is suspected of having cheated or engaged in any dishonest practice.  Students are referred to the University regulations on plagiarism and other forms of academic irregularity.  Students must not copy or collude with one another or present any information that they themselves have not generated.

 

Mapping to Programme Goals and Objectives:

 

This assessment will contribute directly to the following Undergraduate programme goals and objectives.  (Insert an ‘X’ in boxes where applicable)

 

1. Knowledgeable about the theory and practice of international business and management

Objectives: 

Students will be able to: #p#分页标题#e#

 

1. Demonstrate current knowledge and understanding of the major functional areas of business.

x 2. Demonstrate current knowledge of specialist functional and professional areas of business where such specialisation is informed by relevant QAA benchmarks, professional accreditation requirements and applicable international educational standards.

x 3. Demonstrate, through the application of knowledge to business contexts and scenarios, their abilities of analysis and synthesis.

 

2. Skilful in the use of personal, professional and managerial techniques and processes

Objectives:

Students will be able to:

 

x 1. Demonstrate the acquisition and application of a range of personal transferable skills in numeracy, literacy, communication and time management. 

2. Exhibit an understanding of the needs of customers, clients and other important contacts through the demonstration of the awareness of key professional and managerial issues, problem solving and critical thinking. 

3. Apply managerial and leadership techniques, including negotiation, project management, team building and decision making to business problems appropriate to their level of study.

 

3. Employable as graduates

Objectives:

Students will be able to:

 

1. Demonstrate a range of key skills for securing graduate employment, including self presentation e.g. in CVs, interviews and assessment centres.

2. Demonstrate an active awareness of the graduate labour market in order to secure, retain and develop a graduate career.

3. Provide evidence of direct engagement with a range of graduate employers and professional bodies..

 

4. Aware of ethical issues impacting on business and professional practice

Objectives:

Students will be able to:

 

1. Demonstrate an understanding of UK and international organisations’ approaches to Corporate Social Responsibility and their implications for organisations and individuals.#p#分页标题#e#

2. Demonstrate an understanding of the ethical codes of professional bodies and the legal and regulatory contexts in which these operate.

3. Demonstrate an understanding of different perspectives towards organisational ethics including shareholder, stakeholder and critical approaches.

 

Assessment Criteria (NBS)

 

The first column indicates the general assessment criteria used within NBS the second column indicates the specific criteria used when marking your assessment.

 

Mark General Criteria Module Assessment Criteria

First 

(80 - 100) Excellent knowledge and appreciation for subject.  Fastidious eye for detail.  Assured ability to challenge received wisdom and to sustain argument or logical reasoning under these terms. Excellent knowledge and understanding of key legal issues and principles demonstrated

First 

(70 - 79) Impressive knowledge and understanding.  Clearly demonstrates critical appreciation.  Theory and evidence are invariably related.  Argument or logical reasoning is always relevant and well sustained. Very good knowledge and understanding of key legal issues and principles demonstrated

Upper Second (60 - 69) A maturing ability to relate theory and evidence, concepts and ideas is displayed.  Critical appreciation is evident.  Content is always relevant, generally well focused and organised. A good understanding of key legal issues and principles demonstrated

Lower Second (50 - 59) Knowledge base is generally sound and some critical appreciation shown.  Analysis usually clear but can lack some clarity of focus.  

A generally sound understanding of key legal issues and principles demonstrated

Third 

(40 - 49) Legitimate content but relies heavily on the descriptive.  Analysis may be unsophisticated.  Work may contain some use of concepts, but is poorly set out and needs an appropriate focus. Some relevant understanding of key legal issues and principles demonstrated

(30 - 39) #p#分页标题#e#Performance shows elements of legitimate content, but is more often than not inappropriate.   Performance shows elements of legitimate content, but is more often than not inappropriate.  

(0 - 29) Majority of work is neither relevant nor accurate.  Often inarticulate and can be incomprehensible. Majority of work is neither relevant nor accurate.  Often inarticulate and can be incomprehensible.

 

Note: For those assessments or partial assessments based on calculation, multiple choice etc.  Marks will be gained on an accumulative basis.  In these cases, marks allocated to each section will be made clear.

Students must retain an electronic copy of this assignment and it must be made available within 24 hours of them requesting it be submitted.