1

University of Essex School of Law

Assignment Feedback and Cover Sheet
(Do not write your name on this sheet or your essay)

Module Name: Legal Research Skills Module Code: LW254

2 2 0 9 8 7 9
Registration Number:

Number of Words:455 Date Submitted: 22/04/24

x I have read and understood the University Regulations on Academic offences.

x I certify that the attached is all my own work and that the word length stated above is accurate

Mark: 56 Paul Hunt Deductions: Final Mark:

(Subject to External Examiner)

Reason(s) for Deduction:

 Please contact Bev Jackson for support with academic writing skills on [email protected]

In moderation sample: Yes Moderation by the whole marking team as second marker. No

Key areas for improvement:

Please look at the few comments in the text.

Research question could benefit from further clarity.
More links between the research question and legal and related issues.
Develop the methodology carefully.
Not all sources (citations, bibliography) are high quality – please rely on more journal articles and books.
Essentially, ensure you align the legal issues, with research questions, with methodology, and your
sources.
Your proposal is promising. Don’t be too ambitious. It’s better to drill down into a more limited area than
give superficial treatment to a larger area.
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LW 254 Dissertation Proposal: Feedback and Marking Criteria

Element Exceptional First First Upper Second Lower Second Third Fail
MARK
(>80%) (>70%) (>60%) (>50%) (>40%) (<40%)

Identification of Identifies an extremely Identifies a very clear, Identifies a topic and research Identifies a topic and an Identifies a topic but it is Fails to identify a topic except in
topic, research clear, appropriate and appropriate and question (or questions). associated research question (or not expressed clearly and the very broadest terms. Fails to
question/s and focussed topic and focussed topic and However, the research questions). However, the lacks focus or provide a research question or
brief statement research question (or research question (or question (or questions) may research question/s is/are appropriateness. A the one that is presented is not
of methodology questions). Makes a questions), with not be entirely appropriate lacking in terms of research question may not appropriate or focussed on the
brief and appropriate possible slight and focussed on the topic; appropriateness and focus on the be present, or if one is stated topic. Any statement of
statement of imperfections. Makes a and / or the topic itself may topic; and / or the topic itself is presented, it lacks any methodology given lacks clarity
methodology. brief and appropriate not have been stated lacking in terms of clarity and appropriateness or focus or appropriateness.
statement of completely clearly or be appropriateness. Makes a brief on the stated topic. May
methodology. entirely appropriate. Makes a statement of methodology that make a brief statement of (0–7)
brief statement of may not be completely methodology but it is likely
methodology that may not be appropriate or clear. to lack clarity or
(16–20) completely appropriate or appropriateness.
(14-15) clear. (10-11) (8-9)
(12-13) 2:2
/20
Outline of the Explains in outline the Explains in outline the Explains in outline the legal Explains in outline some of the Explains in outline some of Does not explain in outline the
legal and related legal and any related legal and any related and any related issues clearly legal and related issues but there the legal and any related legal and any related issues, or if
Issues issues extremely clearly issues very clearly but but there may be certain are some omissions or errors in issues but there are an explanation is offered it is
and how coverage of maybe with a slight lack minor omissions, certain the explanation and some significant omissions and mainly incorrect. It is poor in
them will assist in of clarity related to the minor inaccuracies in inaccurate statements made. errors in the explanation terms of the terminology used,
answering the research depth understanding statements made, and less There may also be a failure to and inaccuracies in the accuracy of statements made,
question/s. This and how coverage of clarity in explaining how their properly demonstrate the statements made. These language and insight. There is a
explanation integrates them will assist in coverage will assist in relationship between the legal omissions and errors may failure to demonstrate the
an in depth answering the research answering the research issues and the research be compounded by less relationship between the legal
understanding of the question/s. This clarity question/s. This explanation is question/s and less quality than quality than the higher and related issues and the
law and related aspects of explanation should generally of lesser quality the higher grades in terms of grades in terms of insight. research question/s.
which is demonstrated be demonstrated than the first-class grade in accuracy of statements made and There is also a failure to (0–11)
through accuracy of through accuracy of terms of accuracy of insight. properly explain the
statements made and statements made and statements made and insight. (15-17) relationship between the
insight. insight. (18-20) legal issues and the
(24-30) (21-23) research question/s.
(12-14)
2:2
/30
Extent and The resources used are The resources used are The resources used are The resources used are The resources used are The resources used are generally
Quality of well-chosen, high well-chosen, high generally well-chosen, high sometimes well-chosen, high generally of poor quality. of poor quality. They do not
Resources quality resources. They quality resources. They quality resources. They may quality resources. As such they They do not generally include high quality resources
Referred to may include (but are not may include (but are not include (but are not restricted may include (but are not include high quality that may include (but are not
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restricted to) well restricted to) well to) well selected peer- restricted to) some well selected resources that may include restricted to) well-selected peer-
selected peer-reviewed selected peer-reviewed reviewed journal articles, the peer-reviewed journal articles, (but are not restricted to) reviewed journal articles, the
journal articles, the journal articles, the most recent cases on the the most recent cases on the well-selected peer- most recent cases on the topic
most recent cases on most recent cases on topic and authoritative topic and authoritative reports reviewed journal articles, and authoritative reports on the
the topic and the topic and reports on the topic. They on the topic. However, they also the most recent cases on topic. They include resources
authoritative reports on authoritative reports on may also include some include some resources that are the topic and authoritative that are inappropriate in the
the topic. the topic. resources that are inappropriate in the context in reports on the topic. context in which they are used,
Reference to these Reference to these inappropriate in the context which they are used, such as They may include such as journalism, and where
resources is made resources is made to a in which they are used, such journalism. resources that are better-quality resources should
extensively throughout. very good level as journalism. Reference to Reference to these resources is inappropriate in the have been sourced. Reference to
(16-20) throughout but not as these resources is made to a made to a reasonable level context in which they are these resources is made to a very
extensively as could good level throughout but in throughout but not as used, such as journalism. poor level throughout and not as
potentially be achieved. certain parts of the proposal extensively as should be Reference to these extensively as should be
(14-15) more could have been achieved. resources is made to a less achieved.
achieved. (10-11) than reasonable level (0–7)
(12-13) throughout and clearly not
as extensively as should be
achieved.
8-9)
2:2
/20
Structure / Expression is fluent and Expression is clear and Expression is clear and fluent; Expression is mostly clear and Expression is sufficiently Lack of clarity impedes
Language and with flair; consistently fluent; consistently uses generally uses legal and effective; some use is made of clear and effective to communication; legal or scholarly
Presentation uses legal and scholarly legal and scholarly scholarly language; and is legal and scholarly language and communicate; limited use language is not used; errors in
language; and is free of language; and is free of mostly free of errors in specialised terminology; frequent is made of legal and spelling, punctuation and
errors in spelling, errors in spelling, spelling, punctuation and errors in spelling, punctuation scholarly language; errors grammar impede
punctuation and punctuation and grammar. and grammar. in spelling, punctuation comprehensibility.
grammar. grammar. (9-10) (8) and grammar are frequent (0–5)
(12-15) (11) but this does not impede
comprehensibility.
(6-7)
2:2
/15
Use of OSCOLA Referencing is The vast majority of The majority of sources are Generally sources are referenced Some sources are References omitted for
and Bibliography comprehensive and sources are referenced referenced in accordance but with occasional missing referenced but some may significant numbers of sources;
accurate, in accordance fully and consistently, in with OSCOLA, with some citations; some citations omit be missing; citations substantial information omitted
with OSCOLA; accordance with occasional errors; information or do not follow frequently omit from citations; OSCOLA is not
bibliography is complete OSCOLA; bibliography is bibliography is complete with OSCOLA accurately; bibliography information; OSCOLA is followed accurately; bibliography
and organised. complete and some organisation. is provided but with little not followed accurately; lacking significant levels of
(12-15) organised. (9-10) organisation. bibliography is provided information or missing
(11) (8) but is incomplete. completely.
(6-7) (0–5)
2:2
/15
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Total 56

Laws for Employment Protections in UK

INTRODUCTION
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In recent years, the United Kingdom’s economy has seen a sharp spike in informal employment practices owing to a plethora of reasons;
immigrants and students being the primary one’s among others. The growing freelancing culture all around the world has also made the
conventional employment practices redundant with the introduction of processes such as working from home and, or remote jobs. The nature of
these jobs does not allow for the provision of conventional employment protections that are afforded to employees with full-time employment
contracts. Through this dissertation, I endeavor to explore the efficaciousness of the prevalent Employment Protection Laws in the United
Kingdom.

RESEARCH QUESTIONS

1. What is the existing purview of the Employment Protection Laws in the UK?

2. What is the efficaciousness of the prevalent Employment Protection Laws in the United Kingdom with respect to the provisions of the
minimum wages to paid, the amount of working hours, unfair termination of the employment contract and the fringe benefits associated
to the job?

3. How many, if there are any at all, legislative developments are underway for the solidification of these Employment Protection Laws in
the United Kingdom?

4. Have there been any instances of Judicial Activism with respect to the Employment Protection Laws in the United Kingdom and how
impactful has this Judicial Activism been in shaping the legal framework surrounding these Employment Protection Laws?

5. If any, what improvements can be made to the existing and prevalent Employment Protection Laws

LITERATURE REVIEW
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This dissertation shall focus on prevalent legal legislation in the United Kingdom with respect to the Employment Protection. 12 These
legislations include, but are not limited to Employment Rights Act 1996, National Minimum Wage Act 1998, Employment Relations Act 1999,
The Maternity and Parental Leave etc. Regulations 1999, Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000,
Transfer of Undertakings (Protection of Employment) Regulations 2006The Equality Act 2010, Agency Workers Regulations 2010. 3456 These are
some of the few statutes that shall be referred to and included in this dissertation. I aim to dissect the prevalent legislation of the Employment
Protection aiming to gauge it’s efficaciousness and fish out the reigning lacunas along with identifying the possible way forward for the
Employment Protection Legislation in the United Kingdom.78

RESEARCH METHODOLOGY

This research will primarily be a qualitative one where inferences will be made from the promulgated legislation and statutes that govern the
body of the Employment Protection in the United Kingdom. Several case laws, such as precedents and landmark judgments shall also be referred
to for the purposes of expounding on the research questions that this dissertation aims to address and delve into. Therefore, primarily tis research
would be a qualitative one and shall endeavor to address the research questions.

BIBLIOGRAPHY

1
Mohammad Ferdosi, ‘THE DEVELOPMENT OF EMPLOYMENT PROTECTION LEGISLATION IN THE UNITED KINGDOM (1963-2018) AND SWEDEN (1971-2020)’.
2
Nordiska Ministerrådet, Nordic Economic Policy Review (Nordic Council of Ministers 2011).
3
‘10 Employee Rights You Should Know - Manak Solicitors’ <https://manaksolicitors.co.uk/services/employment-law/ten-employee-rights-you-should-know/> accessed 22
April 2024.
4
Croner Group, ‘List of Employment Laws in the UK’ (Croner) <https://croner.co.uk/resources/employment-law/legislation-list/> accessed 22 April 2024.
5
Paul de Beer and Trudie Schils, The Labour Market Triangle: Employment Protection, Unemployment Compensation and Activation in Europe (Edward Elgar Publishing
2010).
6
Hugh Collins, Employment Law (Oxford University Press 2010).
7
‘Overview of UK Employment Law’ <https://www.ouryclark.com/resource-library/quick-guides/employment/employment-overview-of-uk-employment-law.html>
accessed 22 April 2024.
8
‘Employment Law | Peninsula UK’ (8 December 2019) <https://www.peninsulagrouplimited.com/resource-hub/employment-law/employment-law-guide/> accessed 22
April 2024.
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‘10 Employee Rights You Should Know - Manak Solicitors’ <https://manaksolicitors.co.uk/services/employment-law/ten-employee-rights-you-

should-know/> accessed 22 April 2024

Beer P de and Schils T, The Labour Market Triangle: Employment Protection, Unemployment Compensation and Activation in Europe (Edward
Elgar Publishing 2010)

Collins H, Employment Law (Oxford University Press 2010)

‘Employment Law | Peninsula UK’ (8 December 2019) <https://www.peninsulagrouplimited.com/resource-hub/employment-law/employment-

law-guide/> accessed 22 April 2024

Ferdosi M, ‘THE DEVELOPMENT OF EMPLOYMENT PROTECTION LEGISLATION IN THE UNITED KINGDOM (1963-2018) AND
SWEDEN (1971-2020)’

Group C, ‘List of Employment Laws in the UK’ (Croner) <https://croner.co.uk/resources/employment-law/legislation-list/> accessed 22 April
2024

Ministerrådet N, Nordic Economic Policy Review (Nordic Council of Ministers 2011)

‘Overview of UK Employment Law’ <https://www.ouryclark.com/resource-library/quick-guides/employment/employment-overview-of-uk-

employment-law.html> accessed 22 April 2024