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Documents Provided: SESSION PRACTICE ASSESSMENT EXAMINATION STAGE 2 CANDIDATES 457Z0019 - EMPLOYMENT LAW AND PRACTICE DAY MONTH 2021 Instructions to Candidates: This is an open book exam. You must answer all questions. There are 100 marks available for this paper: PART A – 15 marks PART B – 85 marks This paper consists of 15 pages including the front sheet. The overall word limit for your Examination Answer Document is 3750 words. Do not exceed the stated word limit. Any words exceeding the word limit will not be marked. NOTE: In submitting this examination you are declaring that: 1. You are fit to take the examination and satisfied with the examination arrangements and you are not aware of any reasons why you should not take the examination at this time or why you might later submit an exceptional factors claim. If you decide to submit this examination when you are aware that your performance may be affected and then later submit an exceptional factors claim, you will have to justify why you submitted your examination instead of choosing to defer. If you are unable to justify your decision to submit this examination then your exceptional factors claim will fail. 2. You understand that under the SRA Assessment of Character and Suitability Rules, the SRA will consider a deliberate examination offence when assessing an individual’s character and suitability to be admitted as a solicitor. Please continue to read declarations on next page 3. Your identity is as indicated by your examination number on your Examination Answer Document and all of the content of that document is your own work. 4. You understand that distribution, sharing and publication of this examination are strictly prohibited. 5. You understand that the University’s academic regulations apply to this examination. In particular, see the rules on plagiarism and collusion, available at: https://www2.mmu.ac.uk/student-case-management/guidance-for-students/academic-misconduct/ · You cannot discuss the content of this examination with any other person; and · You cannot simply cut and paste material from other sources as if it is your own work. All submissions will be put through the TurnitIn software, which highlights where work is similar to another student’s submission either at this University or another, and also where work has been copied from another source, either online or paper sources. Any student found to have breached the regulations will be subject to the University’s disciplinary process. PART A Part A consists of 5 questions and is worth 15 marks. Answers to ALL of the following questions must be typed in your Examination Answer Document. Any answers which are submitted in other ways will not be marked. Questions continued on the next page Question One Mary Crayford, human resources manager at Bury Productions Limited (BPL), has been contacted by ACAS, as a dismissed employee is considering bringing a claim against BPL. Mary Crawford is considering taking part in ACAS’s Early Conciliation (‘EC’) procedure. Which ONE of the following statements is INCORRECT in relation to the EC procedure? (A) Both parties must agree to take part in conciliation otherwise EC will come to an end (B) If both parties do not resolve their dispute then ACAS will issue an EC certificate (C) An Employment Tribunal may reject an ET1 if it does not include an EC certificate number (D) An ACAS conciliator may not attempt to resolve any dispute between the parties after the ACAS EC period has passed 3 Marks Questions continued on the next page Question Two Tom is an apprentice at BPL. He is in the first year of his apprenticeship. He is aged 22. Mary Crayford the human resource manager at BPL would like to know what is the minimum hourly rate of pay they would have to pay him? Which ONE of the following CORRECTLY states the minimum hourly rate of pay that Tom should be paid for this work? (A) £3.90 per hour (B) £4.15 per hour (C) £4.30 per hour (D) There is not a minimum hourly rate that he should be paid 3 Marks Questions continued on the next page Question Three Steve Pang has been working as a supervisor at BPL for 4 years. He was involved in a fight with another colleague, Tim Perks. BPL has implemented a disciplinary procedure and the disciplining officer is currently considering disciplinary sanctions including dismissal. Which ONE of the following BEST REPRESENTS the test that BPL must be able to establish at the time of dismissal to show fairness in a conduct dismissal case? BPL believed Steve to be guilty of the misconduct and it: - (A) had reasonable grounds for believing that Steve was guilty of the misconduct and at the time BPL held the belief it had carried out an extensive investigation (B) had reasonable grounds for believing that Steve was guilty of the misconduct and at the time BPL held the belief it had carried out as much investigation as was reasonable (C) knew beyond reasonable doubt that Steve was guilty of the misconduct and at the time BPL held the belief it had carried out, an extensive investigation (D) had reasonable grounds for believing that Steve was guilty of the misconduct and at the time that BPL held the belief it had carried out a limited investigation 3 Marks Questions continued on the next page Question Four Mary Crayford has advised you that BPL wants to make Elizabeth Edwards redundant later this month. Elizabeth will be 66 years old and will have worked for BPL for 22 years when she is made redundant. She earns £480 gross per week and £379 net Which ONE of the following CORRECTLY states Elizabeth’s statutory redundancy payment? (A) £11,370 (B) £14,400 (C) £15,840 (D) £16,140 3 Marks Questions continued on the next page Question Five Claire Smith is employed by BPL as a receptionist. She is pregnant and her expected week of childbirth is this week. She has been working for BPL for just under 4 months. Which ONE of the following CORRECTLY states Claire’s entitlement to maternity leave? (A) Claire is only entitled to 28 weeks maternity leave (B) Claire does not qualify for maternity leave as she has not worked for BPL for 26 weeks, 15 weeks before the baby is due (C) Claire is entitled to 52 weeks maternity leave (D) Claire is only entitled to 2 weeks compulsory maternity leave when the baby is born 3 Marks END OF PART A PART A = 15 MARKS Questions continued on the next page PART B Part B consists of three questions and is worth 85 marks. Answers to ALL of the following questions must be typed in your Examination Answer Document. Any answers which are submitted in other ways will not be marked. Please note that none of your answers need to be set out in the form of a memorandum or letter unless otherwise stated. You can use bullet points and abbreviations (e.g. for client names/legislation titles) but you must make sure that what you have written is clear and comprehensible to the reader. You must clearly indicate where you begin a new question with the relevant question number. DOCUMENTS PROVIDED (In addition to your Advance Disclosure documents) Relating to scenario 1: Document 1: Email from Daryl Longden to Ashley Lee Document 2: Copy dismissal letter YOUR INSTRUCTIONS You are a trainee solicitor at the firm of Jordan Maxwell. Your firm is not authorised by the Financial Conduct Authority to carry out any regulated activities. Your supervisor is Ashley Lee. Scenario 1 Questions 1 to 3 and Documents 1 and 2 relate to Pristine Foods Limited (‘PFL’). This scenario was introduced to you in your Advance Disclosure. Read Documents 1 and 2 and answer the following questions. Carefully read each question in full before beginning to answer each question. Questions continued on the next page Question One For the purposes of this question, you are acting for the respondent, PFL. Helen (Daryl’s wife) says that Paul may be able to bring a number of claims against PFL. Daryl has asked you, on the basis of the facts provided, whether Paul has grounds for bringing the following claims: · Wrongful dismissal · Unfair dismissal · Unlawful deduction of wages · Holiday pay · Redundancy · Discrimination (a) Using the list above, please set out which claims Paul will or will not have grounds to bring. In providing your answer you must address each claim listed above stating the reasons based on the facts provided why or why not the claim could be brought (Do not in this part of the question consider any remedies he might be entitled to if any claim(s) are successful). 36 Marks (b) Provide details of any time limits applicable to the presentation of each claim/s and what would be the process that he would have to follow, before his claim could be accepted by the Employment Tribunal. What if any effect would this process have on the time limit for submitting his claim/s. 9 Marks (c) In respect of each claim you have advised Paul would be able to bring, advise Daryl, what PFL would need to show to successfully defeat each claim. 15 Marks (d) Based on the facts provided give your opinion on the merits of each claim and why in respect of each claim you think Paul may succeed or fail. 10 Marks (e) In the event that Paul succeeds with all the claims presented in the Employment Tribunal what remedies are available to him if he was successful in claims of: - (i) unfair dismissal (ii) discrimination. 5 Marks Question One - 75 Marks Questions continued on the next page Question Two For the purposes of this question, you are acting for the respondent, PFL. After speaking with the client, Ashley advises you that if any claims are issued against PFL, Daryl has said he will want to settle out of court. In the event that this happens, Daryl wants to give Paul some money and ask him to sign to say he will not continue with his claim. Is this advisable and if not what alternative course of action would you recommend PFL should take? 7 Marks Question Three For the purposes of this question, you are acting for the respondent, PFL. Daryl has just informed Ashley that, to his utter amazement, he has received an ET1 from the Employment Tribunal this morning. Ged is claiming that he has been unfairly dismissed If Ged was successful in his claim of unfair dismissal, please calculate the basic award the tribunal could make? 3 Marks END OF PART B PART B = 85 MARKS TOTAL FOR EXAM PAPER = 100 MARKS END OF QUESTIONS Documents begin on the next page DOCUMENT 1 Email from Daryl Longden to Ashley Lee From: “Daryl Longden”
To: “Ashley Lee” Date: Today Subject: Advice please Hi Ashley, I would appreciate your advice on something that happened here last week. My wife, Helen, feels that I handled the situation badly. By way of background, some time ago we were recruiting for the assembly line in the sandwich making department. To cut a long story short, against my better judgement, I agreed to take on a young law graduate from Uganda called