Topic: Protection from Redundancy (Pregnancy and Family Leave) Act 2023 – UK
We need to narrow our search to one regulation/ section that needs reform … and propose the reform idea.
– Look at the current aspect of law which you can Critically analyse through technical critical argument and which need reform.
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– understand and explain why the law is there and what it does
– how does it work in current formulation
– evaluate strength and weaknesses of current law
– constructing an argument to show why there is a need for reform
– don’t look at it moral/why is it unjust- if you are looking at unjust you have to prove that by a legal standard of human rights – look at technical- what about the current law is limiting the law, – INCONSISTENCY IN THE LAW, INEFFICIENCY, INCOHERENCE OR ABIGUITY OR something in law which is out of date.
– need proper legal sources- statute/ case law
– look into legal journal, legal commentary, legal text, law commission
– law commission is an invaluable resource as constantly discussing reforms.
– depth of analysis more important than breadth
Advise from Tutor –
Start by being specific about which provisions of English law need to be amended and explain with more analysis perhaps 2 or 3 key strengths and weaknesses of those provisions.
You need to start with which precise provisions of employment law in England and Wales should be amended. You need to then discuss a 2-3 strengths and weaknesses and provide detailed examples. A weakness might be that the law fails to provide clarity and certainty.
To support this analysis, you should provide examples e.g. in x case and y case the law was applied inconsistently.
In the second part of the project, the reforms proposed need to be legal reforms (i.e. changes to the wording of existing English legislation/introduction of new legislation) and you need to be able to explain in detail what the changes are (i.e. what new wording do you propose) and why they are necessary.
You should explain why and how your changes to the law would achieve this i.e. strengths and whether there are any drawbacks of your suggested approach. Overall, the focus of the project needs to be much narrower and based on English law provisions that require amendment.
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