INSTITUTE OF LEGAL EXECUTIVES UNIT 13 PRACTICE OF EMPLOYMENT LAW * CASE STUDY MATERIALS

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1 January 2009 Level 3 PRACTICE OF EMPLOYMENT LAW Subject Code L3-13 INSTITUTE OF LEGAL EXECUTIVES UNIT 13 PRACTICE OF EMPLOYMENT LAW * CASE STUDY MATERIALS Information for Candidates on Using the Case Study Materials This document contains the case study materials for your examination. In the examination, you will be presented with a set of questions which will relate to the case study materials. You will be required to answer all the questions on the examination paper. You should familiarise yourself with the case study materials prior to the examination, taking time to consider the themes raised in the materials. You should take the opportunity to discuss the materials with your tutor/s either face to face or electronically. It is recommended that you consider the way in which your knowledge and understanding relates to the case study materials. Instructions to Candidates Before the Examination You will be provided with a clean copy of the case study materials in the examination. You are NOT permitted to take your own copy of the case study materials or any other materials including notes or text books into the examination. In the examination, candidates must comply with the Level 3 Certificate and Professional Diploma in Law and Practice Examination Regulations. Turn over * This unit is a component of the following ILEX qualifications: LEVEL 3 CERTIFICATE IN LAW AND PRACTICE and LEVEL 3 PROFESSIONAL DIPLOMA IN LAW AND PRACTICE Page 1 of 12

2 ADVANCE INSTRUCTIONS TO STUDENTS You are a trainee Legal Executive in the firm of Kempstons, The Manor House, Bedford, MK42 7AB. The firm is a high street practice with a busy employment department which mostly advises employees but has a small but expanding employer client base. Your supervising solicitor is Amita Sharma. The local employment tribunal is: Bedford Employment Tribunal 8-10 Howard Street Bedford MK40 3HS Tel: bedfordet@ets.gsi.gov.uk One morning you arrive at your desk to find the following documents: Document 1 Memorandum from supervising solicitor, Amita Sharma. Document 2 Letter from client, Dave Castleton, Managing Director, National Linkage Limited. Document 3 Suggested interview questions enclosed with Document 2 above. Document 4 from employee, Katie Chadwick to Managing Director of client, Dave Castleton, National Linkage Limited Document 5 Employment contract between client National Linkage Limited, and employee Katie Chadwick. Page 2 of 12

3 DOCUMENT 1 Memorandum To: From: Date: Client: Trainee Legal Executive Amita Sharma [Today s date] National Linkage Limited Re: Various matters As you know one of our well established clients is the courier company National Linkage Limited ( NL Limited). They are an important client. Please can you keep an eye on various matters for them whilst I am on holiday for the next three weeks? It may help if I explain that Dave Castleton, who is the Managing Director of NL Limited, has usually dealt with the company s employment matters himself in the past. I think it is fair to say that employment law is not his strong point. Background NL Limited is a limited company registered in England and Wales which was founded in The company operates a cost effective collection and delivery service available throughout the UK and parts of Europe. Administration is based at NL Limited s head office in Bedford where there is a team of 20 employees including customer service executives, call centre staff, key account managers, marketing executives, receptionists and accounts clerks. There are also 12 regional Service Centres throughout the UK which work together as a fully operational network. Jobs are despatched by either vans or motor bikes from each of these Service Centres. NL Limited has a number of matters requiring our advice. I would be grateful if you can consider the attached documents and be prepared to discuss matters with me at 10am immediately after the weekly department meeting on Thursday. The matters are as follows: Recruitment drive The first problem is that NL Limited needs to rapidly recruit more employees. They have some interviews lined up already. Dave Castleton has encountered difficulties in the past by asking entirely inappropriate questions during the interview stage. I have advised them that they must have a consistent, standard document to use as a basis for the questions they ask all job applicants during the interviews. I am attaching a letter from Dave Castleton (Document 2) which encloses the questions they are intending to ask during the interviews (Document 3). Please can you have a look at it before we speak? Page 3 of 12 Turn over

4 Katie Chadwick and Ian Walsh NL Limited has two specific problems with different employees: (a) (b) There is an (Document 4) from an employee Katie Chadwick. She has been employed since 13 September I did not draft her contract which is in a letter format (Document 5). I think Dave did it himself. Please can you also have a look at the and the contract before we speak? The other specific problem relates to one of their courier van drivers, Ian Walsh. Some details are explained in the attached letter. I think that Dave may wish to dismiss him, please can you have a think about this as well? Paternity and parental leave policy Dave also does not have any proper paternity leave provisions in place. As you are going to be speaking to him perhaps you could talk to him about this as well? Please prepare for our meeting by considering what advice or proceedings may be required in all the above circumstances. Thank you in advance. I will think of you whilst I am relaxing on a beautiful tropical beach! Amita Page 4 of 12

5 DOCUMENT 2 National Linkage Limited Units 7-9 Bedford Business Park Bedford MK44 3UP Tel: Fax: Web: Amita Sharma Kempstons The Manor House Bedford MK42 7AB [Yesterday s date] Dear Amita Our recruitment drive and other matters Thank you very much indeed for the advice you gave me on the telephone the other day. I am determined to conduct all of our interviews for the new employees properly this time. In accordance with your advice I have asked my assistant to produce a template or pro-forma which contains the questions we are going to ask all the candidates during their first interview. We will make sure that we take careful notes and ask all the applicants exactly the same questions. Please can you look through the attached document to confirm that it is a good basis for this round of interviews? We also have some other problems which require your advice: Katie Chadwick I am enclosing the copy of an I have had from one of our customer account managers called Katie. She is ranting and raving about her contract of employment and says that it does not contain all the information that it should. I have enclosed her contract in letter form for you to look at as well. Ian Walsh Another problem relates to one of our courier van drivers Ian Walsh. Ian joined the company on 1st January 2002 and although he was a good employee for the first few years he has become increasingly careless, uncooperative and I feel he has been taking liberties. I have now reached breaking point with him. The problems since January this year have included the following: Page 5 of 12 Turn over

6 he has now used company vehicles for private purposes on at least five occasions although we have clearly told him not to and he knows that this is absolutely forbidden in our Company handbook; he used normal petrol in the van instead of diesel, causing some 1,000 worth of damage to the engine; and against clear instructions he left the van entirely unlocked for 1½ hours over a lunch time and customers parcels were stolen from the back as a result. Finally, whilst we are sorting matters out could you get me up to speed with paternity and parental leave as well as we do not have a policy and I feel a bit behind on these issues. Please can you have a look at all these matters for me? I look forward to hearing from you. Thank you! Yours sincerely D Castleton Dave Castleton - Managing Director: National Linkage Limited. Page 6 of 12

7 DOCUMENT 3 Name of Applicant National Linkage Limited Job interview questions:2008 [ ] 1. Confirm full name, date of birth, address and marital status. 2. Check name of current employer, position title and dates of employment? 3. Tell us about yourself; how would you describe your character? 4. What current responsibilities do you have at home, how many children do you have, are they at school locally? 5. What current responsibilities do you have in your present job? 6. Why do you wish to leave your present job? 7. Describe a challenge you have faced at work in the past; how did you handle it? 8. How much time have you had off sick in the last year, do you have any ongoing health difficulties? 9. Do you prefer to work independently or as part of a team? Give some examples of team work. 10. Sometimes we require employees to work late on a Friday night and sometimes on Saturdays. How do you feel about that? Page 7 of 12 Turn over

8 DOCUMENT 4 to Dave Castleton at National Linkage Limited from customer account manager Katie Chadwick Dave Castleton My employment contract Dave I just dug out my original employment contract letter to check my holiday entitlement amongst other things. I showed it to my boyfriend who knows about contracts etc and he says it is absolutely appalling and only contains half the things it should... As you know I am happy working here and don t want to cause a fuss, but I just thought you should know that you need to spend a bit of time getting NL s affairs organised. Please can we have a word when you have a moment with a view to filling in the details that are missing from my contract? Thanks Katie Page 8 of 12

9 DOCUMENT 5 Employment contract between National Linkage Limited and customer account manager Katie Chadwick National Linkage Limited Units 7-9 Bedford Business Park Bedford MK44 3UP Tel: Fax: Web : Katie Chadwick 38 Pavilion Gardens Bedford MK43 5TG Our ref :HR/csr/12/kc Date: 13 September 2005 Dear Katie We are writing following your second interview last Friday to set out the offer containing your principal terms and conditions of employment and to incorporate the written particulars required by the Employment Rights Act 1996 (ERA). 1. This letter together with the parts of the Employee Handbook contained on our intranet pages constitutes the contract of employment between you and NL Limited. 2. Your employment and your date of continuous employment with us will commence on 19 September Your normal place of work will be Units 7-9, Bedford Business Park, Bedford, MK44 3UP. 4. You are required to report to me, Dave Castleton, as I will be your immediate manager. 5. There is no requirement to work outside the UK for over a month. 6. Your commencing salary is 22,000 per annum which will be paid in twelve equal monthly payments in arrears into your bank account by credit transfer on the last working day of the month. Turn over Page 9 of 12

10 7. NL Limited s holiday year runs from 1 January to 31 December in each year. In addition to the normal 8 public holidays, you are entitled to 12 normal working days as holiday at your normal basic rate of pay. 8. You are entitled to one week s notice in the first four years of your employment. Once you have been continuously employed for five years your notice entitlement increases to one calendar months notice. 9. If you have any grievance relating to your employment you should, in the first instance, raise it informally with me. If you are not satisfied with the response, you should apply in writing to the HR director in accordance with the Policy and Procedure on Grievances for the purpose of seeking redress. Your terms and conditions are not affected by a collective agreement. For further details please see the procedure in the Employee Handbook which may vary from time to time. I confirm that I have seen a copy of the Employee Handbook and have read, understand and accept the terms and conditions of employment as stated in this document and the provisions of the Employee Handbook referred to. Please sign both copies of this contract and return one to me in the envelope provided. Yours sincerely D.Castleton Dave Castleton Managing Director: Date Signed by Katie Chadwick K.Chadwick Date End of Case Study Materials 2009 Institute of Legal Executives Page 10 of 12

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