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Legal Report Writing Exercise In no more than 1500 words write a legal report for an employer on a dispute between the employer and an employee or group of employees.

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Introduction

Assignment 1 2004-5 Legal Report Writing Exercise This assignment carries 20% of your overall assessment in the module. It is to be submitted to the Faculty Resources Centre no later than Thursday 2 December 2004. Task In no more than 1500 words write a legal report for an employer on a dispute between the employer and an employee or group of employees. Paper copy of the details of the legal dispute were distributed in the week commencing 11 October 2004. If you have not received a paper copy of the case studies then click here This piece of work must be produced by your own research and writing (i.e. without collaboration with others) - see Faculty Cheating Statement given in the guidelines for assessment An example of a Legal Report can be found here (Note - This example demonstrates the style and structure of a legal report, it is not necessarily an entirely accurate piece of legal advice.) Assignment 1 Case Studies Case Study 1 Avril worked part time stitching handbags for Lozell & Co, a manufacturer of leather goods, from October 1999 to 10th October 2004. Until January 2004 she worked at their factory in Birmingham. She was paid a basic wage of �115 for a 20 hour week. Avril, become tired of travelling the 40 miles into work, told her employer that she intended to leave. Lozell told Avril that they did not want to lose her expertise and suggested to her that she could work at home. ...read more.

Middle

7 Abrahams - v - Performing Rights Society [1995] IRLR 486 8 Jupiter General Insurance Co - v - Shroff [1937] 3 All ER 67 PC 9 Blyth - v - Scottish Liberal Club [1983] IRLR 20 10 Jackson - v - Invicta Plastics [1987] 11 Boston Deep Sea Fishing - v - Ansell [ 1888] 12 S94 (1) Employment Rights Act 1996 13 S230(l) and (2) Employment Rights Act 1996 14 S98 Employment Rights Act 1996 15 S98(4) Employment Rights Act 1996 Page 2 of 6 5 Fairness of Procedure 5.1 If a dismissal is potentially fair, it may be rendered unfair by the means used to arrive at it. Proper procedures should be followed, particularly bearing in mind the ACAS Code of Practice (16). 5.2 The Employment Appeal Tribunal set out the standard for the conduct of disciplinary hearings (17), and its guidance set out a number of themes, many of which have not been followed in the case of Depp. 5.3 Any disciplinary hearing must be fair. Whilst Depp knew the nature of the allegation being made against him, it is unclear whether he was given sufficient detail to allow him to prepare a case (18). 5.4 It is unclear whether or not Depp has seen Vincent and Cushing's witness statements. He should normally be shown such statements (19), unless it was felt necessary to protect the anonymity of the witnesses (20). ...read more.

Conclusion

8.3 Reinstatement is unlikely to be ordered given the animosity between Grant and Depp (38). 8.4 Any award of compensation may be reduced by the tribunal in the light of Depp's misconduct 9 RECOMMENDATION 31 S120 (1) (A) Employment Rights Act 1996 32 S122 Employment Rights Act 1996 33 Cadbury Limited -v - Doddington [1977] ICR 982 34 British United Shoe Machinery Company - v - Clarke [1978] ICR 70 35 S 123 (1) Employment Rights Act 1996 36 Optikinetics Ltd - v - Whooley [1999] ICR 984 37 W Devis & Sons Ltd - v - Atkins [1976] 2 All ER 822 38 Coleman and Stephenson - v - Magnet Joinery Ltd [1974] ICR 25 Page 5 of 6 9.1 That Moonshine attempt to negotiate a full and final settlement with Depp in respect of his claim for Unfair Dismissal, having regard to both his degree of misconduct but also as Moonshine cannot successfully defend an Unfair Dismissal case, only argue about the level of compensation, with regard to the costs in terms of staff time, legal representation and the adverse publicity that would associate to the Moonshine brand from a widely-reported tribunal case. 9.2 Given that the dismissal was based on the effect that Depp's misconduct had on the image of the company, there can be little advantage to giving that misconduct a wider airing unless it becomes unavoidable. ...read more.

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