Module 6HURM003W Employment Law Summative Assessment 2022-23 Coursework

This summative assessment is individual coursework. The coursework is in two parts, Part A and Part B. Part A (below) is an essay question and Part B is a problem question, please state the word count for each part and note the weighting of both sections. Both parts, Part A and Part B should be submitted together as one
document before the submission deadline.

Part A – Essay question – 40% of total marks
Word Limit -1000 words

Critically analyse the legal obligations of an employer to provide reasonable adjustments for a disabled employee and the legal protections of all forms of harassment under the Equality Act 2010.

Part B – Problem Question – 60% of total marks
Word Limit – 1,500 words

1) Raj is the manager for QuickDrop, a delivery service in Highgate, operated through a smartphone app. Julie is 26 and has worked for the organization for six months. She works an average of 35 hours a week. Her employment contract states that she is self- employed and that QuickDrop does not have to provide
her with any work and likewise she is free to decide not to accept the work. Julie provides her own smart phone; she also drives and maintains her own car. She has been issued with a company QuickDrop identification badge and she must always display the company logo on her car when she is working. Whenever a customer places an order, Julie is given the details and a specified route on her smart phone, and she must follow this route for each delivery.

Last week she took a different route to the one specified and Raj gave her a written warning. Raj has in the past refused to allow Julie’s brother to do her deliveries when she wanted to go on holiday. Julie submits timesheets to Raj each week and he issues her with a pay slip but does not deduct tax or national insurance. Advise Julie of her legal status in her job at QuickDrop and the legal consequences that may flow from this.
(Please do not consider Julies rights relating to the termination of her contract).

2) Ade has been working in QuickDrop for 4 years, he is employed by Raj as a delivery man. He is a competent and conscientious employee, however on this occasion whilst he was on his way back from long delivery drive, Ade took a detour from his usual route back to the office, he went to a takeaway a few miles away and on his way back he injured a pedestrian who was crossing in front of his van. The van insurers have now confirmed that Ade was responsible for the injuries caused to the pedestrian and therefore needs to be fully compensated. Ade is refusing to pay stating he has no money. Advise Raj if there is any vicarious liability in this incident.

3) Raj, the manager for QuickDrop is becoming increasingly concerned about significant number of packages stored in the warehouse that are going missing. Raj is convinced that the shortages are a result of thefts by the delivery drivers, however he is unsure which of the drivers are involved. He has after considering
how to tackle this issue decided to dismiss the entire team of delivery drivers tomorrow without notice and without any investigations.

What rights do the delivery drivers have if any under an unfair dismissal claim?

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