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Cover Concentrate Questions and Answers Employment Law

13. Collective bargaining

In concentrate questions and answers employment law: law q&a revision and study guide (2nd edn), publication history:.

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about collective bargaining. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of collective bargaining including inequalities of bargaining power in the employment relationship, status and function of trade unions, time off for trade union members, and rights to information. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

Concentrate Questions and Answers Employment Law: Law Q&A Revision and Study Guide (2nd edn)

Roseanne russell.

The Concentrate Questions and Answers series offers the best preparation for law students tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, author commentary, and illustrative diagrams and flowcharts. This book offers clear advice on what to expect in typical employment law exams. It addresses a wide range of employment law topics that are most often encountered in employment law courses, including questions on ‘mixed’ topics. The book provides sample essay and problem questions to allow students to practise and refine exam skills. These are supported by suggested answers and diagram plans. Detailed author commentary explains what examiners are looking for, traps to avoid, and how students can best achieve their potential. This book also includes separate chapters on skills and tips for success in both exams and in coursework assessments. It is an ideal tool to help support revision or to use throughout studies to help review learning.

5. Continuity of employment

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about continuity of employment. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of continuity of employment including the qualifying periods of employment for important statutory rights, determining the start and end dates of employment, the effect of absences on employment continuity, and TUPE transfers. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

11. Continuity of employment and TUPE

In employment law concentrate: law revision and study guide (7th edn).

2. Contracts of employment

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses employment contracts. Covenants potentially in restraint of trade are express written terms which may apply during the contract, but are usually expressed to apply after termination. They are a rare illustration of contractual terms, which must be in writing. The general purpose of these is to prevent a former employee competing against his former employers; for example, by taking commercially confidential information or influencing customers to give their business to the firm he has joined. The Supreme Court has recently ruled on the width of the doctrine of severance of such covenants. Topics covered include the provision of the written statement, a right which employees have enjoyed since 1963, but which was extended to workers in 2020; the sources of terms in employment contracts; duties of the employer; and duties of the employee. These duties or implied terms are divided into terms implied in law (ie inserted into every contract of employment) and terms implied in fact (ie inserted into a particular contract of employment). The latter are divided into terms implied in fact which work against the employers’ interests and terms which work against the employees’ interests. Examples of the former include the duty to pay wages; examples of the latter include the duty to obey reasonable orders.

4. Discrimination

The protected characteristics.

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on ss 4–12 Equality Act 2010. The Act protects people from discrimination in relation to nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. It also protects people from discrimination by association with someone who has one of the protected characteristics and from discrimination by perception (eg discrimination because of sexual orientation includes discrimination against those one perceives to be gay, even if they are not).

5. Discrimination at work, prohibited conduct, and enforcement

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the provisions of the Equality Act 2010. Applicants for jobs must not be asked about their health or disability in the recruitment process. Prohibited conduct refers to direct and indirect discrimination, harassment, and victimisation. Segregation on racial grounds is also prohibited. In addition, there is no minimum period of employment needed before one can make a discrimination claim.

Employment Law Concentrate: Law Revision and Study Guide (7th edn)

Michael jefferson.

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Employment Law Concentrate helps to consolidate knowledge in this area of law. This seventh edition includes updates on employment law, including further coverage of the employment status, written particulars, restraint of trade, and equal pay. The book includes discussion of recent cases, including Supreme Court ones, and forthcoming amendments to the law are noted where appropriate. The volume also looks at implied terms, discrimination, parental rights, working time, and types of breach of employment contracts and termination of employment contracts. Finally, the text looks at dismissal issues (including both wrongful and unfair dismissal), redundancy, and trade unions. The chapter on trade unions has been transferred to online-only content, available in the online resources for this book.

2. Employment status

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about employment status. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of employment status including definitions of employee and worker, the common law tests for determining whether a contract of employment exists, and discussion on the changing nature of the labour market including the gig economy. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

1. Employment status

10. Equal pay and family rights

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about equal pay and family rights. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of equal pay and family rights including the meaning of pay, the sex equality clause, like work, work rated as equivalent, work of equal value, comparators, material factor defence, remedies, and the right to various forms of leave including maternity and parental leave. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

9. Equality law

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about equality law. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of equality law including the range of protected characteristics, direct discrimination, indirect discrimination, harassment, victimisation, and the duty to make reasonable adjustments. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

1. Exam skills for success in employment law

3. Express and implied terms

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about express and implied terms. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of express and implied terms including the different sources of employment law, when terms of collective agreements may be incorporated into the contract of employment, the rules regarding custom and practice, and discussion of important implied terms such as the implied term of trust and confidence. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

14. Mixed topic questions

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions which cover a mixture of topics. The questions require you to cover a range of material covered in your module. Through a mixture of problem questions and essays, students are guided through a combination of topics that may typically be examined together in an employment law question. Guidance is given on how best to approach mixed questions including the benefits of not viewing topics in isolation and how best to demonstrate the range and depth of knowledge required in a mixed topic question.

6. Parental rights

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on parental rights. Topics covered include maternity leave, parental leave, time off for dependants, the right to request flexible working, and the new right of parents to bereavement leave. The right to shared parental leave (SPL) is singled out for detailed treatment, partly because it is fairly new, and partly because, some would say, it exemplifies an old-fashioned approach to sex equality when caring for newborns. The option as to whether her partner can share in SPL is for the mother to decide; the mother may receive (by contract) enhanced maternity pay, but there is no enhanced SPL. The effect is to reinforce the mother’s staying at home because if she goes back to work, the family will lose most of the partner’s income because the rate of pay for SPL is low, around £151 a week. The latter point is arguably sex discrimination, and, during the currency of this book, the Employment Appeal Tribunal will decide this issue (at the time of writing employment tribunals are split).

10. Redundancy

15. Skills for success in coursework assessments

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, and author commentary. This chapter gives advice on skills for success in coursework assessments. It covers researching, planning, and preparing to write as well as how best to research a topic, what is meant by ‘critical analysis’, how to maintain relevance and focus on a question, and how to reference appropriately. The chapter ends with a handy checklist for students to use when working on an employment law essay.

6. Statutory employment protection and related contractual issues

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about statutory employment protection and related contractual issues. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of statutory employment protection including eligibility requirements for the right not to be unfairly dismissed, the right to written reasons for dismissal, statutory minimum notice periods, the right to be accompanied to disciplinary hearings, and the ACAS Code of Practice on Disciplinary and Grievance Procedures. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

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Chapter 5 Outline answers to essay questions

Critically review recent reported cases in the British courts and the European Court of Justice, in relation to two of the following grounds:

disability;
religion or belief;
sexual orientation.

Comment on and discuss how they add to our knowledge of the law on discrimination.

This question gives you a good opportunity to do some research. First you need to choose the two grounds that interest you most. Remember that there is likely to be a longer history of cases concerning, say, sex and race discrimination, than on more recent unlawful grounds of discrimination, such as age.
Start with the most recent cases and work backwards. This ensures that you will have the latest decisions on a particular case and not be writing about a case that has subsequently been appealed and had its decision perhaps changed.
Read each case and make notes under the following suggested headings:
facts – you need to write down the relevant history
the legal principle that is being argued over
the precedents used in the arguments (which might mean looking at some of these also)
the judgment and reasons for it.
How many cases you study will depend upon how many words you have available.
It is perfectly reasonable to disagree with a judgment, so think about each one and write your own views.
For more examination material you should read Questions and Answers Employment Law 2018 by Roseanne Russell, published by Oxford University Press.

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Employment Law: Worker Health and Safety Essay

To find inspiration for your paper and overcome writer’s block
As a source of information (ensure proper referencing)
As a template for you assignment

Introduction

Impact on the work place, how the employer manages worker health and safety, current and future trends.

Employment law refers to regulations, managerial rulings and standards that address the legal privileges and restraints on workers and their organizations. It connects many aspects of association between employers and their employees. Employment law comprises of a wide range of issues that may occur from relationships between the employer and the employee. Examples of these issues include discrimination, Wage- Hour law, Income safety, collective bargaining and worker health and safety.

This paper will discuss worker health and safety as an employment law issue. Worker health and safety deals with protecting the security, health and welfare of workers. It may entail relations among many fields such as medicine, sanitation, safety and communal health. It has developed so much when compared to its beginning in the business industry. The basis for selecting this issue is the fact that worker health and safety has not been given enough attention in the business industry.

Worker health and safety creates a safe environment for workers. It protects co-workers, clients, merchants, relatives, managers and neighboring communities. It has an effect on every employee in every work environment. Those held responsible for health and safety management now have more duties added to their collection.

Worker health and safety enhances and maintains physical, psychological and social heath of workers in all jobs to the highest degree. It protects workers from departures as a result of health risks in their working environments. It also protects employees in their employment from dangers resulting from adverse health factors. It places and maintains the employee in an occupational surrounding adapted to his physical and mental needs.

The employer enhances health and safety practices in an organization. He identifies hazards and determines the health and safety risks involved. He sets appropriate safety controls and gives advices on how to avoid accidents to the employees. The employer also offers training on health and safety.

This minimizes the number of harms and deaths. It also reduces property destruction, legal liability, sicknesses, workers compensation alleges and absenteeism. Classes of security teaching assist in the establishment of a security culture in which employees help in developing appropriate safety procedures in the workplace. The employer should ensure that new employees are properly trained. He should embrace the significance of work place safety to prevent seasoned employees from adversely influencing new employees.

The employer should also systematically assess the working environment. He should endorse measures that reduce sicknesses in the work place. Medical examinations should be regularly done on the employees.

The employer should establish processes, systems, techniques, requirements and ways to achieve the best possible administration of the risks that cause harm to the workers and destroy property or the surrounding. He should evaluate services, effects, equipment, procedures and work stations by using both qualitative and quantitative techniques to identify the hazards and measure the risks associated.

He should supply his employees with picture identification cards. Visitors should not be allowed access to the workplace facilities. The manager should employ security guards and fix security cameras in the work place.

Today’s business workplace environment is going through rapid changes. The economy is expanding. New industries and employments are rising and workforce composition is shifting. There is also increased knowledge concerning worker safety and heath. Worker heath and safety are thus evolving.

A better worker and safety health programme is likely to be built in the future which involves all parties such as the employees, employers, managers, unions and the government. It is thus clear that, by the year 2020, there will be large improvements in worker health and safety. All nations at this time will be expected to demonstrate a progressive development of employee health services. This will be irrespective of the company size, employment mode, economic sector or occupation (Reese, 2008).

Reese, D.C. (2008). Occupational health and safety management: A practical approach. Boca Raton: CRC Press.

Ethical issues in heath care
Heath and Wellness. Culturally Competent Practices
ABC Memorial Heath Center: Nursing Management
Wage Rates Diversity and Its Implications
Minimum Wage Issue: Political Regulation
Labor Market Research for Nurses in the State of California
The Minimum Wage in the US: Situation Overview
Total Compensation in HRM
Chicago (A-D)
Chicago (N-B)

IvyPanda. (2018, October 10). Employment Law: Worker Health and Safety. https://ivypanda.com/essays/employment-law-issue/

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Question: A critical oversight into the development of unfair dismissal.

Answer: Before the departure from the common law, the actions in relation to unfair dismissal were mainly in favour of the employer, as they didn’t have to justify their reasons. In 1964, government...

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Question: Part I: Employment Tribunal Visit (1000 words) Part II: Employment Tribunal Procedure (1000 words) Toby Washington was employed as a research scientist by Chemlabs plc. Mr. Washington was dismissed summarily by Chemlabs plc following an investigation into allegations of theft. The investigation into Mr. Washington’s conduct was carried out by senior management in a thorough and professional manner and in accordance with the appropriate procedural requirements. The management uncovered firm evidence that Mr. Washington had committed gross misconduct as defined by the company’s disciplinary procedures, the sanction for which is instant dismissal. During the disciplinary hearing Mr. Washington stated that that he was being falsely accused for raising concerns about the procedure Chemlabs uses for disposing of hazardous waste materials. He asked Chemlabs if it wanted the issue to be reported to the relevant authorities or made public. Chemlabs plc believe that any complaint against them is wholly without merit. It has no record of Mr. Washington ever raising concerns about the disposal of hazardous waste and it believes that Mr. Washington is motivated by the prospect of extracting a financial settlement from the company. Chemlabs plc is concerned that, notwithstanding the apparent weakness of a potential claim, Mr. Washington’s claim may cause unwanted publicity and unnecessary bureaucracy for the company. Advise Chemlabs plc. on Employment Tribunal procedures should Mr. Washington complain to a tribunal. How can the company prevent the case proceeding to a full hearing and explain the advantages and disadvantages of the different options available to them in this respect. The company also seek advice on how to minimise adverse publicity for the company should the case proceed to a Tribunal. Please note, this assignment requires you to demonstrate knowledge and understanding of Employment Tribunal procedure and not the substantive law on unfair dismissal. Mark - 72 Coursework 1 - Employment Law (Year 3)

Answer: Part 1 – Facts Mrs Arnold was looking to bring a claim against her former employer, Rosol Limited, in relation to a breach of contract amounting to unpaid wages and a redundancy...

Question: ‘It is becoming increasingly easy for ex-employers to ensure that their ex-employees do not disclose or otherwise abuse any sensitive information belonging to the ex-employer. This is so even where the contractual relationship ends following a fundamental breach.’ Critically evaluate the above statement.

Answer: If an ex-employer wishes to ensure there is no disclosure or abuse of any sensitive information by an ex-employee, he could either rely on a “garden leave” clause, the implied duty of...

Question: Answer the following problem question: Potsdam Mansion is a hotel and conference centre owned and operated by Potsdam Mansion Hotels Ltd. The manager is William. Frederick is employed as a part-time gardener and handyman by Potsdam Mansion for two days a week, for which he is paid £200 per week, after deductions for tax and National Insurance. He is often asked to work extra days to carry out specific tasks and he is paid a daily rate of £100 per day gross for this extra work. Last month William asked Frederick to reduce the height of three leylandii trees in the grounds by nine feet. The trees were about twenty-seven feet tall. This was an extra job, expected to last one day. Frederick decided to carry out the job using a ladder resting, unsecured, against each tree while he worked. This was a dangerous thing to do, and he fell, injuring himself very severely. When their regular hotel receptionist went on maternity leave three years ago, Potsdam Mansion approached the Cheap & Cheerful Recruitment Agency Ltd (Cheap & Cheerful) to find them a temporary receptionist. Cheap & Cheerful sent along Elizabeth, who has worked there ever since as the original receptionist decided not to return to work after having her baby. For three years Elizabeth has had a contract with Cheap & Cheerful stating, among other things: (a) That she is not an employee of Cheap & Cheerful; (b) That she must obey all reasonable instructions of the client as if she were the client’s employee; and (c) That she has no obligation to accept any position offered to her by Cheap & Cheerful, however, if she refuses, they will terminate their arrangement with her. Each week, Elizabeth gets William to sign a worksheet confirming that she has worked her required hours, and she presents that to Cheap & Cheerful, who pay her a week in arrears. Cheap & Cheerful then invoice Potsdam Mansion for that sum plus their 12% agency fee. Potsdam Mansion has now decided it would be cheaper to employ a receptionist directly and told Cheap & Cheerful that Elizabeth’s services were no longer required. Although Potsdam Mansion employs six permanent staff to wait at table in the restaurant, when they have large functions on they require additional staff. William has a list of forty local workers who he can call on as casual waiters when needed. Henry is among these, and during the three years he has worked for them on average for one day a week, although this means that in some weeks he has worked on two or three consecutive days and in other weeks he has done no work at all. Henry recently had an argument with William over his pay, as a result of which William told Henry that he would get no more work at the hotel. Advise Potsdam Mansion Hotels Ltd as to whether or not it could liable to Frederick, Elizabeth and Henry on the basis that they are employees of the company. [NB – YOU ARE ONLY EXPECTED TO CONSIDER THE ISSUE OF FREDERICK, ELIZABETH AND HENRY’S EMPLOYMENT STATUS, NOT WHETHER THEIR CLAIMS WOULD BE LIKELY TO SUCCEED.] Course code: LW70061E University of West London School of Law Module Title: Employment Law, MA Human Resource Management, Masters degree. COURSEWORK – Assignment 1 Academic Year 2013 – 2014

Answer: Response to Potsdam Mansion Limited This response will look at the individual circumstances of three different staff members of Potsdam Mansion Limited, and outline the extent of the liabilities of each case...

Question: EMPLOYMENT LAW ASSIGNMENT 2 SITUATION You work as an associate legal adviser at the practice of Mancer and Sahdow. There are currently a number of files on your desk which require your urgent attention. File 1 Gillian Hitchen is 32 year old, a divorced mother with three young children. She has been working in the factory at Segar textiles for the last three years. To boost her Income, 6 months ago, she also took on casual work as a "Singing telegram" lady who does an exotic dance and sings a greeting at birthday parties and other celebrations. As Gillian is a rather attractive and very sociable lady, she earns good money doing this second job, and she regularly tells friends about the "goings-on* at parties she attends. She is also well known at Segars for being a bit of a flirt, and she has had brief affairs with several male employees younger than herself. Last week, there was a leaving party for Tracy, one of Gillian's friends at Segar. This party was held in the company social club one evening after the day shift had finished working. At one point during the evening, Gillian was walking down the dark corridor towards the toilets, when she heard a voice behind her say "Hi there, busty", and two hands grabbed her bottom and squeezed hard. This turned out to be Terry Tudor, a not very handsome technician, whose advances Gillian had rejected a few days before Although this incident was not seen or heard by anyone else, Gillian now says that she found the experience deeply upsetting. She decided to go and see the Company personnel manager the next day to complain. However, he simply told Gillian not to be a silly girl and to just accept that under party conditions .people will get a bit frisky and over-familiar. Gillian is now seeking your advice. You need to write a letter to her, to explain The legal situation, indicating whether or not she has any basis for a claim against Segar textiles, and if so, what remedies are available to her. FILE 2 You have been invited to be a guest speaker at the next meeting of the local Law society. The topic will be the recently introduced Employment Equality (Religion or Belief) Regulations 2003 .The detail of your brief is as follows : Prepare brief notes for a presentation which will: i) Outline the steps which employers need to take in order to meet the requirements of these regulations ii) Explain how you would judge the effectiveness of these regulations, and the systems and procedures for their enforcement Note - in your notes, you should take account of the implications of these regulations for Human resources management and the need for employers to manage a diverse workforce in a positive sense File 3 Until two months ago, Jim Jones was a machine operator at Bogley Nuts and Bolts. He was employed there on regular repeating temporary contracts, each of which lasted three months. There was then a gap of approximately one month between contracts. In total, Jim has worked for Bogieys for two and a half years. One day, on arriving at work, Jim told his supervisor, Ken Keenan, that he had just won £10,000 on a scratch card, and that he would shortly be booking a great holiday for himself. At lunchtime, Jim was late back from his meal break. Ken noticed that Jim was laughing rather loudly, his speech was slurred, and he smelt strongly of beer. Ken quickly called two security staff, who escorted Jim to the office of Chris Wision, the Personnel Manager. Chris told Jim that coming to work under the influence of drink amounted to gross misconduct Therefore, he would have to be summarily dismissed, and he should leave the premises immediately It is now two months since Jim left BogSey s. and he has not yet received any pay in lieu of notice. You need to write a letter to Jim advising him on any possible claim(s) against the company in relation to his termination of employment and the lack of payment in lieu of notice. You also need to comment about any possible remedies available to Jim where particular claims can be established.

Answer: FILE 1 Dear: Ms Hitchen I am writing to you regarding your present situation. Below I will look at discrimination. Under current provisions, it is unlawful to discriminate against an employee or...

Question: The measure of success of any law of the termination of employment is the extent to which re-employment is attained where appropriate. By this measure, the law of both wrongful dismissal and unfair dismissal must be judged a failure. Critically discuss the above statements.

Answer: When the Industrial Relations Act 1971 introduced a right to claim unfair dismissal, it filled a sorry gap in the common law. Unlike civil law systems, the courts had not qualified the...

Question: Discuss the role of law in the regulation of the employment relationship in Britain.

Answer: The law in this country has played a significant role in the development of industrial relations, and until the last quarter of the 19th century, it was mainly used to control the...

Question: “Although the Suzen decision has been described as involving a shift of emphasis or a clarification of the law, nothing was said in Suzen which casts doubt on the correctness of the interpretation of the Directive in… earlier decisions… The importance of Suzen [has], I think, been overstated”. Analyse the law relating to transfers of undertakings. To what extent do you agree with the statement of Mummery LJ?

Answer: At common law, a contract of employment was a personal contract between the employer and the employee; when that relationship ceased, the contract of employment came to an end. Thus if a...

Question: LABOUR LAW: PROBLEM QUESTION High Flyer Ltd (HFL) employed Jenny Forbes (JF) in a senior sales executive role. She commenced in employment on 06 January 2003. JF has a written contract of employment and was given a letter of offer when she commenced. JF’s contractual notice period is 6 weeks and her age is 48. JF obtains regular pay increases against her basic salary, which for the financial year ending March 2013 was £36,100. However, a substantial part of her remuneration package is obtained through bonuses and allowances as follows: - A discretionary loyalty bonus of £6,000 per annum, which is always paid on on or after 15 December each year. In her letter of offer this is described as being “subject to the employee being in employment on the due date” (“the Loyalty Bonus”). - A discretionary sales bonus, which is calculated as a percentage of her monthly sales and paid quarterly in arrears “subject to the employee’s continued satisfactory performance in their assigned sales role” (“the Sales Bonus”). - A contractual monthly allowance of £1,500 per calendar month, which is paid monthly in advance and expressed to “cover expenses and inconvenience associated with the sales process” (“the Expenses Allowance”). - A contractual London area allowance to compensate for the additional cost of living in the capital of £200 per calendar month paid in advance (“the London Area Allowance”). The various bonuses mean that JF’s ‘on-target earnings’ for the financial year ending March 2013 amounted to £77,880. HFL’s policy on sick leave is that the company will pay 30 days per annum (pro-rata) at full salary and another 30 days per annum (pro-rata) at half salary. There are notification requirements, which include self-reporting for absences of less than a week and GP certification for absences longer than a working week. There is a ‘Flexible Working Clause’ in JF’s contract of employment in the following terms: “You may be required to work in any location which High Flyers Limited may in its discretion instruct you to work and it is a condition of your employment that you work flexibly in your job role to assist High Flyers Limited to achieve its stated goals including (but not limited to) customer satisfaction and high levels of product sales.” On 01 April 2013, HFL announce to sales staff (including JF) that due to the prevailing economic climate and after a careful costing exercise, HFL will be reducing the Expenses Allowance to £650 per calendar month, with immediate effect. There was an additional announcement that there would be no increase in base salary for any staff except the board level directors. In early May 2013, JF wrote to her line manager at HFL, Bill Smith (BS) in the following terms: “I am not happy about this proposal as I often spend large sums in obtaining my sales and feel the company should meet those costs.” HFL did not respond to JF but rather proceed to reduce the Expenses Allowance payment for May 2013. In late August 2013, BS called JF into a meeting room to discuss her performance. During the meeting BS concedes that JF is correct when she indicates that her sales performance is above average among her colleagues but BS contended that she has sold better in the past. BS also raised the issue of JF’s sickness absence to which JF responded that she had not breached HFL’s sickness absence policy either in terms of reporting her illness nor in terms of exhausting her contractual entitlement to sick leave. BS reminded JF that she had responsibility (on behalf of HFL) for a very lucrative and important sales area. Therefore, BS argued HFL expected higher than average sales within her area. JF stated that she has always done her level best to deliver sales for HFL and achieve higher payments for the Sales Bonus. BS did not ask and JF did not explain the reason for her absences. However, JF agreed that less sickness absence would see better sales figures and promised to improve her attendance in the future. The meeting concluded with BS stating that HFL is prepared to pay the discretionary Sales Bonus for the quarter ending July 2013 but that JF’s attendance would need to improve significantly. BS also reassures JF that no formal action would be taken or recorded by HFL. In late November 2013, HFL announced that the London Area Allowance would be halved to £100 per calendar month. Again JF wrote an email to BS to complain about this change to terms and conditions but received no reply. On 09 December 2013, BS called JF to another informal meeting where her sickness absence was again raised. After an initial improvement in JF’s attendance in September and October 2013, JF had called in sick 7 times in November and early December 2013 with the number of days totalling 11 days off. This time BS is concerned about a fall in JF’s sales figures that has taken JF below average for sales executives for the quarter ending November 2013. BS stated that he wanted to consult JF about her taking a different sales area for HFL, which on average produced 10 per cent less sales. JF protested vocally as she is very concerned that there may be a corresponding effect on her capacity to earn the Sales Bonus. JF contended that the economic climate is causing some of her drop in sales and in any event the October quarter is only 10 per cent down on the August quarter. JF asked to know what the sales figures are across the business but BS responded that he could not reveal this information due to the sensitivities of her colleagues. JF also reminded BS that she has complied fully with HFL sick leave policy and still had not exhausted her entitlement to full pay. BS did not deny these points. BS left the meeting on the basis that he will consider JF’s points and get back to her. BS emailed JF two days after the meeting on the morning of 11 December 2013, setting out a proposal that her sales area be swapped with that of her colleague John Newboys who recently joined HFL as a Sales Executive with effect from the beginning of 2014. JF wrote back the next day and resigned her employment citing the continual erosion of her financial package. JF consults HFL’s Human Resources Department about her final payment. HFL HR respond saying that salary will paid up and until her date of resignation but that neither the Sales Bonus for the November quarter nor the Loyalty Bonus for 2013 would be included in the final payment. Later that day, JF concerned about her continuing bouts of poor health consults her GP who informs her that she has been suffering morning sickness due to the fact that she is pregnant and her expected date of delivery is 21 July 2014. The following week JF telephoned HFL HR Department to complain about the non-payment of her allowance package and mentions her pregnancy. BS rang JF later in the same day to asked JF to re-consider her resignation and to state that she could have her old position back with HFL subject to satisfactory performance. JF refused the offer saying she could not work for HFL any more. JF consults you as to the claims that she may have against HFL and what sums may be recoverable from them. Also JF asks you to consider in your advice any arguments that HFL may have to defend JF’s potential claims. Please include references to relevant case law and statute (where appropriate). Assume the date of your advice is 06 January 2014.

Answer: This question relates to the rights of Jenny not to be unfairly dismissed and the protection provided by the current law to that effect. The advice to Jenny will be based upon...

Question: Is the difference between 'employee', 'worker' and 'self-employed' persons made sufficiently clear in UK employment law?

Answer: The distinction between the notions of ‘employee’, ‘worker’ and ‘self-employed’ persons is not sufficiently clear in the UK employment law. This problem is due to: 1) lack of statutory guidance in differentiating...

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College essays and diversity in the post-affirmative action era, sonja starr’s latest research adds data, legal analysis to discussion about race in college admissions essays.

A woman sitting on a couch with a book on her lap

Editor’s Note: This story is part of an occasional series on research projects currently in the works at the Law School.

The Supreme Court’s decision in June 2023 to bar the use of affirmative action in college admissions raised many questions. One of the most significant is whether universities should consider applicants’ discussion of race in essays. The Court’s decision in Students for Fair Admissions (SFFA) v. Harvard did not require entirely race-blind admissions. Rather, the Court explicitly stated that admissions offices may weigh what students say about how race affected their lives. Yet the Court also warned that this practice may not be used to circumvent the bar on affirmative action.

Many university leaders made statements after SFFA suggesting that they take this passage seriously, and that it potentially points to a strategy for preserving diversity. But it’s not obvious how lower courts will distinguish between consideration of “race-related experience” and consideration of “race qua race.” Sonja Starr, Julius Kreeger Professor of Law & Criminology at the Law School, was intrigued by the implication of that question, calling the key passage of the Court’s opinion the “essay carveout.”

“Where is the line?” she wrote in a forthcoming article, the first of its kind to discuss this issue in depth in the post- SFFA era. “And what other potential legal pitfalls could universities encounter in evaluating essays about race?”

To inform her paper’s legal analysis, Starr conducted empirical analyses of how universities and students have included race in essays, both before and after the Court’s decision. She concluded that large numbers of applicants wrote about race, and that college essay prompts encouraged them to do so, even before SFFA .

Some thought the essay carveout made no sense. Justice Sonia Sotomayor called it “an attempt to put lipstick on a pig” in her dissent. Starr, however, disagrees. She argues that universities are on sound legal footing relying on the essay carveout, so long as they consider race-related experience in an individualized way. In her article, Starr points out reasons the essay carveout makes sense in the context of the Court’s other arguments. However, she points to the potential for future challenges—on both equal protection and First Amendment grounds—and discusses how colleges can survive them.

What the Empirical Research Showed

After SFFA , media outlets suggested that universities would add questions about race or identity in their admissions essays and that students would increasingly focus on that topic. Starr decided to investigate this speculation. She commissioned a professional survey group to recruit a nationally representative sample of recent college applicants. The firm queried 881 people about their essay content, about half of whom applied in 2022-23, before SFFA , and half of whom submitted in 2023-24.

The survey found that more than 60 percent of students in non-white groups wrote about race in at least some of their essays, as did about half of white applicants. But contrary to what the media suggested, there were no substantial changes between the pre-and post- SFFA application cycles.

Starr also reviewed essay prompts that 65 top schools have used over the last four years. She found that diversity and identity questions—as well as questions about overcoming adversity, which, for example, provide opportunities for students to discuss discrimination that they have faced—are common and have increased in frequency both before and after SFFA.

A Personally Inspired Interest

Although Starr has long written about equal protection issues, until about two years ago, she would have characterized educational admissions as a bit outside her wheelhouse. Her research has mostly focused on the criminal justice system, though race is often at the heart of it. In the past, for example, she has assessed the role of race in sentencing, the constitutionality of algorithmic risk assessment instruments in criminal justice, as well as policies to expand employment options for people with criminal records.

But a legal battle around admissions policies at Fairfax County’s Thomas Jefferson High School for Science and Technology—the high school that Starr attended—caught her attention. Starr followed the case closely and predicted that “litigation may soon be an ever-present threat for race-conscious policymaking” in a 2024 Stanford Law Review article on that and other magnet school cases.

“I got really interested in that case partly because of the personal connection,” she said. “But I ended up writing about it as an academic matter, and that got me entrenched in this world of educational admissions questions and their related implications for other areas of equal protection law.”

Implications in Education and Beyond

Starr’s forthcoming paper argues that the essay carveout provides a way for colleges to maintain diversity and stay on the right side of the Court’s decision.

“I believe there’s quite a bit of space that’s open for colleges to pursue in this area without crossing that line,” she said. “I lay out the arguments that colleges can put forth.”

Nevertheless, Starr expects future litigation targeting the essay carveout.

“I think we could see cases filed as soon as this year when the admissions numbers come out,” she said, pointing out that conservative legal organizations, such as the Pacific Legal Foundation, have warned that they’re going to be keeping a close eye on admissions numbers and looking for ways that schools are circumventing SFFA .

Starr envisions her paper being used as a resource for schools that want to obey the law while also maintaining diversity. “The preservation of diversity is not a red flag that something unconstitutional is happening,” she said. “There are lots of perfectly permissible ways that we can expect diversity to be maintained in this post- affirmative action era.”

Starr’s article, “Admissions Essays after SFFA ,” is slated to be published in Indiana Law Journal in early 2025.

Suburbanization Problems in the USSR : the Case of Moscow

Référence bibliographique

Gornostayeva Galina A. Suburbanization Problems in the USSR : the Case of Moscow . In: Espace, populations, sociétés , 1991-2. Les franges périurbaines Peri-urban fringes. pp. 349-357.

DOI : https://doi.org/10.3406/espos.1991.1474

www.persee.fr/doc/espos_0755-7809_1991_num_9_2_1474

RIS (ProCite, Endnote, ...)

Galina A. GORNOSTAYEVA

Moscow University

Suburbanization Problems

in the USSR :

the Case of Moscow

Suburbanization processes typical to cities in Western Europe, the USA and other countries are not observed in the USSR or they are distorted to such an extent that they may not be compared with existing standards. This states the question how Soviet cities-succeeded in escaping this stage of urban development. In order to answer this question, we should first summarize the main aspects of Western suburbanization.

Firstly, it is well known that the urbanization processes are linked to structural changes in the economy. Thus the transition from the stage of concentration to this of suburbanization is associated with industrialization, and the transition to the third stage - déconcentration - is related with the rapid growth of employment in the non-industrial sphere. Secondly, a suburbanization of economic activities can be distinguished. It applies in the first place to the building and iron- working industry, transports, engineering and chemical works. These are polluting and requiring extensive areas. This suburbanization of industry is caused by the following factors: rising demand for land from firms ; worsening of transport

tions in the inner cities ; demand for lower land costs and taxation levels in suburbs ; rapid growth of road transports; state policies regulating the growth of large cities ; migration of the labour force to the suburban zones. Scientific and educational activities are also transferred from the centre to the suburbs.

The third important aspect of suburbanization applies to the population. In the suburbs two opposite flows of population meet ; one is centripetal, coming from non- metropolitan regions, the other is centrifugal, coming from the central city. The reasons for the migration to the suburbs are as follows : declining living standards in large cities (overcrowding, slow housing renewal, environmental problems, etc.); growth of motorization of the population, development of communications (telephone, telex, fax, computer) ; intensifying decentralization of working places ; lower land prices in the suburbs ; state support for the intensification of real estate development in the suburbs. The above-mentioned factors and reasons for suburbanization are altered in the Soviet cities. Let us explore them, by taking for example the largest one - Moscow.

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Elektrostal

Elektrostal Localisation : Country Russia , Oblast Moscow Oblast . Available Information : Geographical coordinates , Population, Altitude, Area, Weather and Hotel . Nearby cities and villages : Noginsk , Pavlovsky Posad and Staraya Kupavna .

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Elektrostal Demography

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Elektrostal Population	157,409 inhabitants
Elektrostal Population Density	3,179.3 /km² (8,234.4 /sq mi)

Elektrostal Geography

Geographic Information regarding City of Elektrostal .

Elektrostal Geographical coordinates	Latitude: , Longitude: 55° 48′ 0″ North, 38° 27′ 0″ East
Elektrostal Area	4,951 hectares 49.51 km² (19.12 sq mi)
Elektrostal Altitude	164 m (538 ft)
Elektrostal Climate	Humid continental climate (Köppen climate classification: Dfb)

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Day	Sunrise and sunset	Twilight	Nautical twilight	Astronomical twilight
8 June	02:43 - 11:25 - 20:07	01:43 - 21:07	01:00 - 01:00	01:00 - 01:00
9 June	02:42 - 11:25 - 20:08	01:42 - 21:08	01:00 - 01:00	01:00 - 01:00
10 June	02:42 - 11:25 - 20:09	01:41 - 21:09	01:00 - 01:00	01:00 - 01:00
11 June	02:41 - 11:25 - 20:10	01:41 - 21:10	01:00 - 01:00	01:00 - 01:00
12 June	02:41 - 11:26 - 20:11	01:40 - 21:11	01:00 - 01:00	01:00 - 01:00
13 June	02:40 - 11:26 - 20:11	01:40 - 21:12	01:00 - 01:00	01:00 - 01:00
14 June	02:40 - 11:26 - 20:12	01:39 - 21:13	01:00 - 01:00	01:00 - 01:00

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	Located next to Noginskoye Highway in Electrostal, Apelsin Hotel offers comfortable rooms with free Wi-Fi. Free parking is available. The elegant rooms are air conditioned and feature a flat-screen satellite TV and fridge...	from
	Located in the green area Yamskiye Woods, 5 km from Elektrostal city centre, this hotel features a sauna and a restaurant. It offers rooms with a kitchen...	from
	Ekotel Bogorodsk Hotel is located in a picturesque park near Chernogolovsky Pond. It features an indoor swimming pool and a wellness centre. Free Wi-Fi and private parking are provided...	from
	Surrounded by 420,000 m² of parkland and overlooking Kovershi Lake, this hotel outside Moscow offers spa and fitness facilities, and a private beach area with volleyball court and loungers...	from
	Surrounded by green parklands, this hotel in the Moscow region features 2 restaurants, a bowling alley with bar, and several spa and fitness facilities. Moscow Ring Road is 17 km away...	from

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Land use changes in the environs of Moscow

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