Assessment Information/Brief 2021-2022
Module Title Employment Law for Business
CRN 53654
Level 6
Assessment Title Critical assessment of anti-discrimination legislation and supporting case law.
Weighting within the module This assessment is worth 50% of the overall module mark
Submission deadline date and time
Module Leader/Assessment
How to submit
You should submit your assessment by the usual method on Turnitin.
Instructions for submitting work via Turnitin (via Blackboard) are available here: https://www.salford.ac.uk/skills/skills-e-learning/university-assessments
Assessment task details and instructions
You should address the following question:
“…The purpose of the legislation, at least in part, is to assist those who are disabled to overcome the disadvantages which stem from a physical or mental impairment. … Take someone who has all the skills to be a highly successful accountant, but lacks manual dexterity. This may require that he or she should be given longer to do the relevant examinations. It would surely be no answer and would be wholly inconsistent with the purposes of the legislation, simply to say that that individual was not disadvantaged when compared with the population at large and therefore no obligation to make the adjustment arose…”
Paterson v Commissioner of Police of the Metropolis [2007] ICR 1522, 1536 per Elias J (President).
Critically discuss the above statement having regards to the extent to which the provisions of the Equality Act 2010 are effective at preventing disability discrimination within the workplace.
Maximum 2000 words (plus 10% allowance, i.e.NO MORE than 2200 total words)
NB: The bibliography is NOT included within the word count. However, footnotes ARE INCLUDED within the word count.
If the words exceed 2200, the following penalties will be applied, thus the overall mark will be affected.
• 2201 – 2500 words will incur a 5% deduction from the overall mark/grade.
• 2501 – 2800 words will incur a 10% deduction from the overall mark/grade.
• 2800 and above words will incur a 20% deduction from the overall mark/grade.
As a result of a penalty for excessive word length your mark will not be reduced below 40%.
In addition please also note that any false misrepresentation of the assessment word count within the required coversheet will amount to academic misconduct, and thus subject to the University academic misconduct procedure which can be found via the following link:
Assessed intended learning outcomes
On successful completion of this assessment, you will be able to:
Knowledge and Understanding
1. Identify and evaluate relevant law;
2. Effectively utilise legal principles in employment problems;
3. Critically evaluate policy and law via critical analyse of practical implications of employment law.
4. Demonstrate an in-depth theoretical and practical understanding of the role of employment law within the legal system and society generally
Practical, Professional or Subject Specific Skills
5. Conduct independent research using a range of resources to support arguments and draw relevant conclusions in the field of media law.
6. Recognise, analyse, and prioritise relevant legal issues and arguments.
7. Identify and distinguish between primary and secondary sources and between fact, law and opinion.
8. Critically apply problem solving skills.
9. Present arguments in a clear, logical and legally accurate form using appropriate language
Transferable Skills and other Attributes
10. Develop competence in the use of a range of legal (and sometimes non-legal) research sources, in both paper and electronic format;
11. Demonstrate the ability to communicate, both in writing and orally, in a professional, ethical and unambiguous fashion;
12. Solve both theoretical and practical problems through the application of authoritative rules of law, both substantive and procedural;
13. 13. Analyse the law objectively and provide relevant, effective justifications for answers rather than relying on purely personal opinions.
Module Aims
1. To develop a critical understanding of those aspects of employment law which provide the legal framework for employment relationships and regulate the working environment;
2. To extend the students’ understanding of legal methodology and their abilities in legal reasoning.
3. To critically review the capacity of UK employment law to match the changing needs and expectations of society and the role that law plays in policy development in the face of modern workplace challenges
4. 4. To review the law’s strengths and weaknesses in the light of recent, current and proposed reforms
Feedback arrangements
You can expect to receive feedback within 3 weeks of the submission date via a summative comment on the Turnitin site.
Support arrangements
You can obtain support for this assessment by contacting the module leader.
askUS
The University offers a range of support services for students through askUS.
Good Academic Conduct and Academic Misconduct
Students are expected to learn and demonstrate skills associated with good academic conduct (academic integrity). Good academic conduct includes the use of clear and correct referencing of source materials. Here is a link to where you can find out more about the skills which students require http://www.salford.ac.uk/skills-for-learning.
Academic Misconduct
Academic Misconduct is an action which may give you an unfair advantage in your academic work. This includes plagiarism, asking someone else to write your assessment for you or taking notes into an exam. The University takes all forms of academic misconduct seriously. You can find out how to avoid academic misconduct here https://www.salford.ac.uk/skills-for-learning.
Assessment Information
If you have any questions about assessment rules, you can find out more
Personal Mitigating Circumstances
If personal mitigating circumstances may have affected your ability to complete this assessment, you can find more information about personal mitigating circumstances procedure
Personal Tutor/Student Progression Administrator
If you have any concerns about your studies, contact your Personal Tutor or your Student Progression Administrator.
Assessment Marking Criteria
40-49
Discussions relating to the current state of anti-discrimination legislation in the UK is not restricted and, for this mark, are primarily basic, descriptive, and representative of one side of the argument. Whilst academic discussions in conjunction with relevant case law relating to the discrimination legislation and interpreting case law are descriptive and involve limited levels of evaluation. Limited use of primary and secondary sources is evident in the discussion. The drawing of a conclusion is limited and generally lacks a coherent argument. In general, whilst the submission demonstrates an understanding of the basic concepts, it is largely descriptive with a general focus and limited use of either case law or academic commentary to reach a sound conclusion.
50-59
Discussions relating to the current state of anti-discrimination legislation in the UK is not restricted and, for this mark demonstrate a reasonable understanding of the main arguments from both sides. Whilst academic discussions in conjunction with relevant case law relating to state of anti-discrimination law in the UK demonstrate an acceptable knowledge and you have attempted to develop the argument. However, you fail to develop your argument in a structured manner. Reference to primary and secondary sources are primarily descriptive and illustrative yet raise some interesting points. The drawing of a conclusion is limited and generally lacks a coherent argument. In general, the submission demonstrates a reasonable understanding of the key points but the analytical and evaluative aspects of the submission lack focus.
60-69
Discussions relating to the current state of anti-discrimination legislation in the UK is not restricted and, for this mark, demonstrate a good understanding of the main concepts. Academic discussions in conjunction with the use of relevant case law demonstrate a good knowledge of the key points and there is constructive use of primary and secondary sources. The conclusion includes some good points and reaches a balanced conclusion outlining any weaknesses in the law and any suggestions for reform as well as the improvements generated by the Equality Act 2010, whilst more analysis supported by both case law and academic commentary could have been provided, the submission demonstrates a good understanding of the subject with relevant primary and secondary sources.
70 +
Discussions relating to the current state of anti-discrimination legislation in the UK is not restricted and, for this mark, demonstrate a very good understanding of the main concepts. Academic discussions in conjunction with the use of relevant case law relating to the UK and in the context of the position pre and post the Equality Act 2010 demonstrate a very good knowledge of the key points and there is constructive use of primary and secondary sources. The conclusion includes some very good points and includes some good commentary which answers the question posed. In general, the submission demonstrates a detailed and good understanding of the subject with relevant primary and secondary sources being used to structure discussions to draw a conclusion.
Reassessment
If you fail your assessment, and are eligible for reassessment, you will need to resubmit during the re-submission period at the end of the academic year. You will receive information from the unit administration officer. Please contact the module leader for any support and guidance needed. For students with accepted personal mitigating circumstances, this will be your replacement assessment attempt.
Reassessment will be way of the same assignment i.e., the question contained in this document.