Employment law
Employment Law Coursework Assessment 2023-24 Referral and deferral Deadline: 13:00 on Friday 28th June 2024 Task: Critically evaluate the AI generated answer produced by Claude 2 and discuss how the answer can be improved in the areas of (1) accuracy, scope and knowledge of the law; (2) accuracy and use of relevant authority and (3) application of the law to the facts. The evaluation should not exceed 4,000 words. Following your answer, you should also include a statement of your reflections (max 500 words) of working with generated AI issues in relation to the coursework. The total word limit is 4,500 words with a 10% allowance either way. Prompt: Hello Claude. Imagine you are a final year undergraduate Law student at a UK university. You have been asked to solve this problem question. Please write around 4,500 words. Provide suitable legal authority such as legislation and cases. This is the problem question. Diya has worked as a van driver for Keleigh Limited for 15 years. Last week, she was late for work because she had to drop her son off to school first. Her son broke his leg and needed a lift to school. As Diya was late, she was under a lot of pressure to deliver the goods. She has a very tight schedule to deliver goods to several places. She exceeded the speed limit on a dual carriageway and crashed into another car. Although it was fortunate that no one was hurt, some of the goods in the van were damaged. Diya has points on her driving licence already and she is likely to be banned from driving. Diya was dismissed instantly by Keleigh Limited by a text message. Eric has been a Warehouse Operative at Keleigh Limited for four years. In his employment contract, it states that he is an employee of Keleigh Limited. He works under the control of Keleigh Limited and they provide the uniform and equipment for him. He is entitled to holidays and sick pay. Eric can decide whether he wants to accept work or not and he can send in a suitable substitute to replace him. He can also terminate his contract without notice and Keleigh Limited can terminate Eric’s contract without notice. Eric was told last week he has been made redundant. Advise Diya of any claims she can bring against Keleigh Limited and advise whether Eric has the relevant employment status to bring a redundancy claim. You do not need to advise on the merits of a redundancy claim. Here is Claude 2’s answer: Dear Diya and Eric, As a final year law student, I have looked at your situations and can provide the following advice: Diya – Dismissal As an employee of Keleigh Limited for 15 years, you have protection against unfair dismissal under the Employment Rights Act 1996. To claim unfair dismissal, you must have continuous employment for 2 years. The reason for your dismissal appears to be for poor timekeeping and reckless driving, leading to goods being damaged. Your employer should have followed a fair procedure before dismissing you, such as following their disciplinary policy, conducting an investigation and holding a disciplinary hearing. As dismissal was by text message, it seems a fair procedure was not followed. You may have a potential claim for unfair dismissal if the dismissal was procedurally or substantively unfair. Procedurally unfair includes not following a proper process. Substantively unfair considers if the reason for dismissal is a valid reason relating to capability or conduct, or some other substantial reason justifying dismissal. Poor timekeeping or reckless driving could potentially be a fair reason, but the employer must demonstrate this. You may also have a claim for wrongful dismissal if you did not receive proper notice. As an employee with over 12 years’ service, you are entitled to 12 weeks’ notice under the Employment Rights Act 1996. Instant dismissal by text appears to be a breach of contract entitling you to claim damages for lack of notice pay. Overall, you have good prospects of claims against Keleigh Limited for unfair dismissal and wrongful dismissal based on the facts provided. I would advise speaking to an employment solicitor to assist with next steps. Eric – Employment Status Based on the information provided, it appears Eric is likely to be considered a ‘worker’ rather than an employee. Key factors are: • His contract refers to him as an ’employee’, but courts look at the reality of the relationship rather than the label. • Eric has flexibility – he can accept or reject work, provide substitutes, and terminate his contract without notice. This level of control indicates he is not fully integrated into Keleigh Limited’s organisation and is inconsistent with employee status. However, there are some employee features – uniform and equipment are provided and he receives holiday/sick pay. Under s.230 Employment Rights Act 1996, a ‘worker’ is entitled to protection against detriment/dismissal if the reason relates to asserting statutory rights. However, workers do not have the right to claim unfair dismissal. As Eric does not appear to have employee status based on the contractual terms, he would not have the right to claim for redundancy as a dismissal. Therefore, unfortunately it does not seem Eric can bring a claim related to his redundancy. He may want to seek specific legal advice on his status, but the lack of mutuality of obligation is a substantial barrier. I hope this provides a helpful overview of your situations and the potential claims available. Please let me know if you would like me to clarify or expand on any part of the advice. Good luck with resolving your issues. Source: Claude 2’s response to prompt to solve a problem question about Keleigh Limited from Anthropic (26 August 2023)
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