This coursework has two parts:
Part A: answer two short answer questions from a choice of six.
Part B: answer the compulsory case-study question.
Part A: Short answer questions.
Please answer two questions from a choice of six. The suggested word limit for each short answer question is 200 words. Each of the two questions is worth 20% of your coursework mark.
Define ‘limb b) worker’ and differentiate it from other forms of self-employment.
With reference to case law describe the concept of mutuality of obligations and briefly consider its relevance to establishing whether a contract is a contract of service.
What is the key legal issue in Uber BV and others v Aslam and others UKSC 2019/0029 and why is the Supreme Court judgment much anticipated?
With reference to s.13 Equality Act 2010 and relevant case law define associative discrimination.
With reference to s.109 Equality Act 2010 explain why it is good practice for employers to have a policy on discrimination and harassment. Make some brief suggestions about useful aspects of such a policy.
What is meant by ‘reasonable adjustment’ within the Equality Act 2010? When are employers required to make reasonable adjustments and what are the consequences of a failure to make reasonable adjustments?
Part B: Case study question.
Please answer this case study question. The suggested word limit for this question is 600 words. This question is worth 60% of your coursework mark.
Emma is a care worker who works ‘on demand’ for Oak-lodge, a company that runs three care homes. Her written contract states that she is not obliged to work any particular shifts but each week for the past three years she has signed up to the same weekend shifts. Emma’s manager has come to rely on her presence during those shifts, which are unpopular with other workers. If for any reason she can’t work her usual shifts, Emma has always given her manager, Jude, plenty of notice and arranged cover by another ‘on demand’ care worker.
Every Saturday Clive, a volunteer, facilitates an art workshop with the residents of one of the care homes. Clive has a learning disability. One week during the workshop some of the residents started to laugh at Clive, to mimic the way he speaks and to make comments about his intelligence. Emma thought the comments were humiliating and offensive, she could see that Clive was finding them hurtful and intervened to ask the residents to stop. The atmosphere became heated and one of the residents later complained that Emma had bullied him.
Jude is under pressure from one of the directors of Oak-lodge to dismiss Emma with immediate effect and to end Clive’s volunteering at the home. The director argues that the incident looks very bad and that Oak-lodge should be seen to act in favour of the residents. He has stressed that, as an ‘on demand’ worker, Emma has no rights and argued that Clive should never have been allowed to run workshops in the first place. Jude is concerned that this course of action could create some liability for Oak-lodge.
Jude asks you whether Emma has any dismissal rights and whether Emma or Clive could bring a claim against Oak-lodge under the Equality Act 2010.
Advise Jude on those points
