Cambridge BA: Labour Law Paper

Anika has worked as a senior software engineer for TechCorp Ltd for six years under a written contract describing her as an 'independent contractor'. She works exclusively for TechCorp, uses equipment provided by TechCorp, works set hours determined by TechCorp's project manager, and is required to attend weekly team meetings. She has never worked for any other client. TechCorp pays her a fixed monthly fee and deducts no tax at source. Last month, TechCorp informed Anika that her 'engagement' was being terminated with one week's notice, citing a restructuring. Anika believes she has been unfairly dismissed and wishes to claim statutory redundancy pay. TechCorp argues she is self-employed and has no employment rights. Separately, Bayo is a delivery driver for QuickShip plc. He works through a smartphone app, is described as a 'self-employed partner', chooses his own hours, but must maintain a minimum acceptance rate of 80% of jobs offered or face deactivation. He is paid per delivery and receives no holiday pay. Following a period of illness, Bayo was deactivated without explanation. Advise Anika and Bayo as to their employment status and any claims they may have, citing relevant statutory provisions and case law.

Celeste is employed as a ward manager by Northgate NHS Trust. In March, she discovers that the Trust has been falsifying patient safety records to conceal staffing shortages and reports her concerns internally to her line manager, who dismisses them. In April, she reports the same concerns to the Care Quality Commission (CQC). In May, the Trust restructures the ward and Celeste is offered a demotion to band 5 nurse with a 30% pay reduction, which she refuses. She is then dismissed in June, with the Trust citing 'organisational change'. Celeste believes the real reason for her dismissal is her disclosure to the CQC. Meanwhile, Dayo, a junior doctor at the same Trust, raised concerns at a team meeting in February about dangerous prescribing practices by a consultant. Nothing was written down. Dayo's fixed-term contract was not renewed in September without explanation. Both Celeste and Dayo seek your advice. Consider the requirements for a protected disclosure, the protections available, and any claims either may bring. You should also consider whether Celeste's refusal of the demotion affects her position, and assess the strength of Dayo's claim in the absence of written documentation.

Portworkers United (PU) is a trade union recognised by DockCo plc for collective bargaining purposes. Following a breakdown in negotiations over a new pay agreement, PU ballots its members. The ballot returns 68% in favour of strike action on a turnout of 55% of eligible members. DockCo argues the ballot is invalid because some members were not included on the ballot list and because PU failed to give adequate notice of the industrial action. PU calls a strike for one week. During the strike, PU pickets DockCo's main gates. A group of 30 pickets gather at the entrance, and some of the pickets begin to physically obstruct lorries attempting to enter the facility. DockCo applies for an injunction. Additionally, a group of PU members employed not by DockCo but by a logistics subcontractor, SwiftLog Ltd, join the picket line and refuse to handle DockCo goods for a week, costing DockCo significant losses. DockCo seeks to sue PU in tort for the losses caused both by the strike and by the SwiftLog members' action. Advise DockCo and PU, addressing: the validity of the ballot; the legality of the picket; whether DockCo may obtain an injunction; and PU's liability in tort for the SwiftLog members' action.

"The implied term of mutual trust and confidence has become the most significant common law development in employment law in the past fifty years, yet its boundaries remain dangerously uncertain." Critically evaluate this claim, with reference to leading cases and academic commentary.

"UK discrimination law has evolved to provide comprehensive protection against workplace inequality, yet structural barriers embedded in the concept of indirect discrimination mean that the most disadvantaged groups remain systematically under-protected." Critically examine this claim with particular reference to indirect discrimination, the public sector equality duty, and relevant case law.