Faculty of Arts, Business and Social Sciences – Assessment Brief for Students –

2022/23

Module code and title

7HR012 Key issues in Employee Relations and Employment Law
Module leader
Jennifer Dixon
Diet Semester 1 First attempt and Resit

Assessment type Coursework

Submission date Please refer to Canvas

Submission method Online submission via Canvas

Assessment limits 3,000 words with an allowance of +10% will be accepted.

Assessment weighting 50%

Assessment brief (if appropriate, please refer to module assessment briefing document)

PLEASE NOTE THE FOLLOWING POINTS:

Paper and email submissions will NOT be marked.

Read the following case study and answer ALL of the questions that follow:

All around towns across the country, brightly coloured posters proclaim the imminent arrival of Geraldo
Pecorino's traditional, family, travelling circus. Geraldo's round red face smiles out inviting all to gaze and
wonder at Alice and Maximillian's amazing feats on the flying trapeze, to gasp in amazement as Little Fat
Stan the human cannon ball is propelled at speed across the circus ring, to laugh at the crazy antics of
Micky the clown and his chums, and to applaud as Daisy the elephant dances daintily on her hind legs.
In reality, Geraldo is not smiling at all. He is very worried about the future of his circus. His star
performers may help bring in the crowds, but they are also causing him a variety of managerial
headaches.

Alice is his longest serving artiste. For thirty-five years, partnered by a succession of male trapeze stars,
she has nightly swung and somersaulted high in the air above a safety net, before descending to take
her bow. Unfortunately, over time, the once slim Alice has become less agile and has put on a great deal
of weight. As a result, when she enters the ring in her leotard and climbs up to her trapeze the audience
increasingly see her as a figure of fun. When she carries out her final triple somersault and falls into the
safety net, the structure wobbles alarmingly, causing the audience to scream with laughter. The contrast
with the much younger and very athletic Maximillian is becoming more and more obvious, and he is not
happy. 'Find me a new partner', he says, or 'I will find a better circus to work for'. But what can Geraldo
do? Alice is well paid and popular among the troupe. For several months, he has been able to placate
Maximillian by saying that he cannot find a replacement for Alice, but now a perfect new partner for
Maximillian has become available. A beautiful eighteen-year-old trapeze artist called Melanie who has
the rare capacity to carry out a Russian-style, back flip, quadruple somersault has left a rival circus and
is begging Geraldo for a job. Can he sack Alice? Can he re-deploy her? Re-deployment would be
preferable but the only suitable job he has for her would involve performing with Micky and his crazy
clowns. Alice would get the laughs, but it would much be less well-paid work and undignified for a senior
artiste with years of loyal service behind her.

Geraldo's second managerial headache concerns another long-serving employee. Jethro has for many
years acted as keeper and trainer of Daisy the elephant. They are devoted to one another. Every day
Jethro feeds her, cleans her wagon, takes her for walks, washes her and then, in the evening, the two of
them perform together to the delight of the audience. For many this act is the highlight of the circus. But
 six months ago, an unfortunate accident occurred. In the middle of their act a large light bulb exploded
above the circus ring which gave Daisy a terrible fright. She panicked and instead of continuing to dance,
she charged at Jethro and tossed him into the air. He sustained serious back and neck injuries in this
accident and has been in and out of hospital ever since. Geraldo now realises that Jethro will not be able
to return to work again for many more months. Daisy is back to her old self and has apparently bonded
well with her new keeper, Geraldo's daughter Romola. Jethro visits her when he can, but he comes with
his carer and is unable to get up out of his wheelchair. What should Geraldo do? He is still paying Jethro
but cannot afford to continue doing so forever. Can he dismiss him? Should he try to reach a financial
settlement?

Finally, what is Geraldo to do about Little Fat Stan, his much loved, but increasingly awkward human
cannon ball? Stan has worked in the circus for years, delighting generations of audiences with his acts.
He started out as a tumbler, and then as he got older he turned to fire eating and knife swallowing,
before winding up being fired nightly from a cannon across the ring, through several paper hoops, and
landing spectacularly in a meticulously placed bouncy castle. Stan is not happy. He feels his life is
unfulfilled and he wants to change direction. Stan has dealt with his depression in the past by drinking
heavily but has now managed to stop. Instead, he has found great solace by becoming an active
Christian. He attends churches in each town that the circus visits. However, this has caused difficulties
for Geraldo because Stan has said that he will not in future be available to perform on Sundays or at any
time over the Christmas and Easter periods. He has asked Geraldo if he could give up performing and
assist him in a management role, taking responsibility for publicising the circus. Failing that, he would
like to run the box office. However, these jobs are already taken and are not, in truth, suitable for Stan.
Geraldo insists that he can only employ him as a specialist performer. What should Geraldo do?
Mondays and Tuesdays are the days the circus does not put on a performance and on which everyone
takes time off. Two performances are mounted every Sunday, and Easter and Christmas are periods
when audiences increase substantially. Should he threaten to sack Little Fat Stan? Could he employ
someone else to be a human cannon ball on Sundays, and reduce Stan's wages to compensate?

The worry of what to do about Stan, Jethro, Maximillian and Alice causes Geraldo to suffer many
sleepless nights.

Questions

1) Geraldo decides that he has no choice but to employ Melanie as a replacement for Alice. He
tells Alice that from next week onwards she will have to perform alongside Micky and his clowns. Her
role will be to act as his foil and a victim of his many practical jokes. For the next six months, she will be
paid the same salary that she currently earns. After this date, it will be reviewed.

Assuming that she is unhappy with Geraldo's decision, what possible legal claims might Alice be able to
bring? What defences might Geraldo be able to deploy were Alice to take her case to an Employment
Tribunal?

2) Geraldo decides to dismiss Jethro, offering him a one-off payment of £25,000 by way of a
full and final settlement.

What possible legal claims could Jethro bring were he to reject Geraldo's offer? What action could
Geraldo take to minimise his chances of losing these cases in court?

3) Geraldo decides to allow Little Fat Stan to take Sundays off and to take his annual leave over
the Christmas and Easter periods. Another performer will be trained up to take his place at these times.
In return Geraldo will reduce Stan's pay by 20%.

What possible legal claims might Stan be able to bring? How might Geraldo be able to defend himself
were the dispute to reach a tribunal hearing?

Assessment Criteria (The actual assessment components for this assignment)

Criteria Weighting (If applicable)
Identification and discussion of key relevant topics 30
 Application of Legal principles 30

Understanding of contextual issues 30

Presentation, clarity of writing and Harvard referencing 10

Postgraduate 50%
Pass mark

Performance descriptors in use;

 University of Wolverhampton Yes 
 Professional or Statutory Body Yes 
 Module specific No 
 Other (specify below) No 

Return of assessments
(Instructions for return / Feedback sent through Canvas, within 4 working weeks.
collection of assessments)

This assessment is testing Module Learning outcomes Tick if tested here

LO1 Explore the environment, context and principles which shape the nature 
of employment law and employee relations and identify its application for
the HR role.
LO2 Critically evaluate the current issues in employment legislation and 
employment relations.

LO3 Analyse and critically discuss the range of models, theories and 
perspectives within employee relations and employment law.

LO4 Assess the roles and functions of the different parties and the statutory 
structure affecting the employment relationship and its regulation.

Additional information for students

The University’s Learning Information Services have produced a series of guides covering a range of
topics to support your studies, and develop your academic skills including a guide to academic
referencing http://www.wlv.ac.uk/lib/skills_for_learning/study_guides.aspx

Your module guide and course handbook contain additional and important information regarding;
 The required referencing style for your assignment.*
Whilst many modules require referencing in accordance with the Harvard Referencing
convention, some modules – for example those within the School of Law – require Oxford
Referencing. Please familiarise yourself with the requirements of your module.

 Submission of your work

 Marking, feedback and moderation in accordance with the University of Wolverhampton
Assessment Handbook
 Extensions on submission dates *
 Additional support *
 Academic conduct with regards to cheating, collusion or plagiarism *
 Links to appropriate sources of relevant information *

* Further information regarding these and other policies can be accessed through your student portal on wlv.ac.uk.
Always keep a copy of your work and a file of working papers
The requirement to keep a file of working papers is important. There may be circumstances where it is
difficult to arrive at a mark for your work. If this is the case, you may be asked to submit your file and
possibly meet with your tutor to answer questions on your submission.

When you submit your work you will be required to sign an important declaration confirming that:
 The submission is your own work
 Any material you have used has been acknowledged and appropriately referenced
 You have not allowed another student to have access to your work
 The work has not been submitted previously.

The following information is important when:

 Preparing for your assignment
 Checking your work before you submit it
 Interpreting feedback on your work after marking.

Module Learning Outcomes

Module Learning Outcomes are specific to this module, and are set when the module was validated.

Assessment Criteria
The module Learning Outcomes tested by this assignment, and precise criteria against which your work
will be marked are outlined in your assessment brief.

Performance Descriptors
Performance descriptors indicate how marks will be arrived at against each of the assessment criteria. The
descriptors indicate the likely characteristics of work that is marked within the percentage bands indicated.
To help you further:
 Re-sit opportunities are available for students who are unable to take the first sit opportunity, or who
need to re take any component.
 Refer to the VLE topic for contact details of your module leader / tutor, tutorial inputs, recommended
reading and other sources, etc. Resit details will also appear on the VLE module topic.
 The University’s Learning Information Services offer support and guidance to help you with your studies
and develop your academic skills http://www.wlv.ac.uk/lib/skills_for_learning/study_guides.aspx
FoSS Generic Assessment Performance Descriptors
Based on – University Performance Descriptors (updated September 2015)
Note that these are generic descriptors that apply mainly, though not exclusively, to written academic work. The relevant performance descriptors for the appropriate level (as below) should appear in the module guide.
Any further module-specific assessment criteria, such as number of words, should be clearly stated in the assignment brief.

The pass rate at Masters Level = 50%

L7 (Masters Level)

This work is outstanding and is of a standard which could be considered for future publication in a professional journal. The work demonstrates
engagement in a focused academic debate which presents a range of evidence underpinning a deep understanding of all the issues studied and a
90-100% totally justified position. The work demonstrates a high level of originality with challenges to current theory and/or practice and specific, focused
examples of contestability. There is evidence of a high level of synthesis of theoretical exemplars, underpinning principles and practical
interpretation.
No obvious errors in referencing or grammar or syntax as appropriate.

The work is of an excellent standard and has the potential for future publication in a professional context. The work demonstrates engagement in
an academic debate which presents clear evidence of a considered understanding of the professional issues studied, the approach adopted and the
80-89% position taken. The work enhances current theory and/or practice and displays a range of examples of contestability. There is evidence of clear
synthesis of theoretical issues and practice. A critical analysis of theoretical models and/or practical applications has resulted in a distinct level of
originality.
Very few errors in referencing or grammar or syntax as appropriate.

There is evidence of analysis and critique of concepts, models of key authors, rival theories, and major debates together with some evidence of
synthesis. The work fully considers the complexity of the context in which it is situated and the impinging external factors; it takes cognisance of
70-79%
differing perspectives and interpretations and recognises dilemmas. Ideas are presented in a succinct manner and conclusions are well reasoned.
The work shows an ability to critique the underlying assumptions upon which current views are based and to challenge received opinion.
Few errors in referencing or grammar or syntax as appropriate.
60-69% The work demonstrates a capacity to express views based on sound argument and solid evidence in an articulate and concise way, and, where
relevant, to put forward and make use of criteria for the judgement of theories and issues. There is evidence of effective engagement in a critical
dialogue relating to professional practice, a clearly presented overview of an area of concern, and a comparative review of key authors, rival
theories and major debates. The work demonstrates a willingness to question and to explore issues and to synthesise theoretical perspectives and
practical application within a given professional context.Some small repeated errors in referencing or grammar or syntax as appropriate

50-59% The structure and focus are evident and relevant to the assignment task. There is evidence of engagement with pertinent issues. Key authors and
major debates are clearly presented and there is evidence of suitable basic reading. The work explores and analyses issues, but is not strong on
50% Pass mark presenting synthesis or evaluations. The work is mainly descriptive, but has achieved all the learning outcomes.
Some repeated errors in referencing or grammar or syntax as appropriate.
Whilst some of the characteristics of a pass have been demonstrated, the work does not address each of the outcomes for the specified assessment
task. There may be little evidence of an ability to apply the principles of the module to a wider context. The work may be an overly descriptive
account demonstrating only minimal interpretation, and very limited evidence of analysis, synthesis or evaluation. No counterarguments or
40-49% Fail alternative frames of reference are generated or considered.

There is evidence of sufficient grasp of the module’s learning outcomes to suggest that the participant will be able to retrieve the module on
resubmission.

The work has failed to address the outcomes of the module. There are fundamental misconceptions of the basis of the module. The work is mainly
30-39% Fail
descriptive and shows little or no understanding of relevant theory.

There is insufficient evidence to suggest that the author will be able to retrieve the assignment without retaking the module.

This work shows little or no understanding of relevant theory. There is little reference to appropriate literature and no evidence of independent
20-29% Fail
thought or criticality. Overall the work is unduly descriptive and presents only a superficial grasp of the essential issues.

10-19% Fail
This work is not coherent and shows severe faults in referencing or grammar or syntax as appropriate. It includes unsubstantiated statements or
assertions. It is unstructured and extremely badly presented. It is totally descriptive and lacks any attempt at analysis.

0-9% Fail No real attempt to address assignment brief or learning outcomes.