Determining Employment Status in UK Courts

Assessment Information – What you need to do

Assessment Information – What you need to do This assignment is an individual assignment. This assignment requires you to answer the following question in no more than 2,500 words: ‘The question of employment status - whether an employee, a worker or an independent contractor - remains an area of debate. Determining status … for employment rights, involves considering a range of factors. The [Uber ] decision has not changed that. Indeed, it places emphasis on the importance of considering the facts rather than the contract. The importance of considering all the facts means that the Uber decision will not necessarily mean that individuals engaged with other service platforms must also be workers. Different arrangements could mean a different status.’ (A Lambert & P Summerfield, ‘UK Supreme Court delivers verdict in Uber case’ (2021) 10(2) Comp & Risk 8, 10) By reference to case law, statutory provisions and academic writing, discuss whether this statement is an accurate assessment of how the employment status of employees and workers are determined by UK courts. Criteria for Assessment - How you will be marked This assessment will be marked in accordance with the University’s Undergraduate mark descriptors. Further information on University’s mark descriptors can be found here. This assignment is designed to assess the following learning outcomes: 2. Demonstrate a critical awareness of the contextual aspects of Employment Law. 3 Demonstrate an ability to present competent and coherent written arguments. 5. Demonstrate an ability to handle primary source material, both case law and legislation. Assessment Details The word count is 2,500 words. There will be a penalty of a deduction of 10% of the mark for work exceeding the word limit by 10% or more. The word limit includes tables, figures, quotations and citations, but excludes footnotes (provided the footnotes only contain referencing material), the bibliography and appendices. How to Submit your Assessment The assessment must be submitted by 12:00 noon (GMT/BST) on 22/11/21. No paper copies are required. You can access the submission link through the module web. Your coursework will be given a zero mark if you do not submit a copy through Turnitin. Please take care to ensure that you have fully submitted your work. Please ensure that you have submitted your work using the correct file format, unreadable files will receive a mark of zero. The Faculty accepts Microsoft Office and PDF documents, unless otherwise advised by the module leader.  All work submitted after the submission deadline without a valid and approved reason will be subject to the University regulations on late submissions. o If an assessment is submitted up to 14 days late the mark for the work will be capped at the pass mark of 40%. o If an assessment is submitted beyond 14 calendar days late the work will receive a mark of zero per cent o The above applies to a student’s first attempt at the assessment. If work submitted as a reassessment of a previously failed assessment task is submitted later than the deadline the work will immediately be given a mark of zero per cent  The University wants you to do your best. However, we know that sometimes events happen which mean that you can’t submit your coursework by the deadline – these events should be beyond your control and not easy to predict. If this happens, you can apply for an extension to your deadline for up to two weeks, or if you need longer, you can apply for a deferral, which takes you to the next assessment period (for example, to the re-sit period following the main Assessment Boards). You must apply before the deadline. Information on how to apply for an extension and the webform can be found here –  https://balstudents.our.dmu.ac.uk/ask-bal-extensions/ Checks will be made on your work using anti-plagiarism software and approved plagiarism checking websites. Return of Marked Work You can expect to have feedback returned to you on 22/12/21. If for any reason there is a delay you will be kept informed. Marks and feedback will be provided online. It is important that you access the feedback you receive as this will help to make improvements to your later work, you can request a meeting with your Module Leader or Personal Tutor to discuss your feedback in more detail. Marks will have been internally moderated only, and will therefore be provisional; your mark will be formally agreed later in the year once the external examiner has completed their review. More information on assessment and feedback can be found here. Academic Integrity In submitting a piece of work for assessment it is essential that you understand the University's requirements for maintaining academic integrity and ensure that the work does not contravene University regulations. Some examples of behaviour that would not be considered acceptable include plagiarism, re-use of previously assessed work, collusion with others and purchasing your assignment from a third party. For more information on academic offences, bad academic practice, and academic penalties, please read chapter four of our academic regulations. Academic Support and Your Well-being Referencing is the process of acknowledging other people’s work when you have used it in your assignment or research. It allows the reader to locate your source material as quickly and easily as possible so that they can read these sources themselves and verify the validity of your arguments. Referencing provides the link between what you write and the evidence on which it is based. You identify the sources that you have used by citing them in the text of your assignment (called citations or in-text citations) and referencing them at the end of your assignment (called the reference list or end-text citations). The reference list only includes the sources cited in your text. The main referencing guide can be found here and includes information on the basics of referencing and achieving good academic practice. It also has tabs for the specific referencing styles depending on whether you require Harvard style used in business or OSCOLA style used by the Law school. The University has a wealth of support services available to students; further information can be obtained from Student Gateway, the Student Advice Centre, Library and Learning Services and, most importantly, your Personal Tutor. If you are struggling with your assessments and/or deadlines please do seek help as soon as possible so that appropriate support and guidance can be identi?ed and put in place for you. More information can be found on the Healthy DMU pages.