Employment Law

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Session 2008/2009 No:

Course: LL.B (Hons) Law

Mode: Full-time

Level: Three

Unit: Employment Law

Date: 22 May 2009

Time: 14:00

Length: One hour and thirty minutes (no reading time)

Instructions to Candidates

Part A-Answer ONE question

Question 1

Explain, with reference to case law and statute, the extent to which the law is willing to imply terms into: (a) individual contracts of employment; (b) all contracts of employment.

Question 2

‘There was for a considerable period controversy as to whether the question of employment status was one of fact or law. The issue is an important one in practical terms because it is only, in general, on a question of law that an appeal can be made from an employment tribunal to the EAT’.

(Honeyball and Bowers, Employment Law, 10th Edition)

To what extent is it correct to state that employee status is a question of fact? Critically evaluate the arguments that have been put forward in order to support the view that employee status should be a question of Law?

Question 3

Explain and evaluate, with reference to case law and statute, the extent to which it is possible for an employer to discriminate against a worker on the basis of a worker’s disability.

Part B

Question Four - Compulsory

Terry, Arthur, Dave and Des were all employed on a full-time basis as security guards by Minder Ltd, an organisation specialising in the provision of security personnel for concerts and sporting events.

Due to a serious ‘fall-off’ in business the company decided that half its team of security guards would have to be dismissed. Terry, Arthur, Dave and Des were amongst the group of ten security guards who had their contracts terminated.

Terry, aged 35, had worked for the company for