This module is an option module at level 6. The focus of this module is the legal framework surrounding the employment relationship, in its formation, operation and termination. The statutory and common law context of employment, including EU aspects, is considered, along with the now extensive law on discrimination. The main features of the module are the contract of employment, remedies for termination including unfair dismissal and wrongful dismissal, equality law and law relating to trade unions. The module is designed for students who are interested in discovering the practical problems concerning law at work in a modern flexible labour market. Employment law is of practical significance for all persons involved in the world of work.
The programme aims:
On successful completion of the module, students will be able to:
The Contract of Employment
Sources of contract of employment: written particulars of terms; custom and practice; collective agreements. Variation of terms
Termination of Employment
Wrongful Dismissal
Equality Law
Collective Labour Law
The module will be delivered in the form of weekly of three hour weekly sessions, composed of lectures and seminars.
The module guide will provide detailed reading and outline tasks for students to prepare for participation in class.
The teaching on the module is research led. For example, the case studies and problem scenarios on classification of employment status are informed by long standing staff research into aspects of complex employment relationships and self employment.
Students are expected to undertake approximately fifteen hours independent study each week. Some of this time will be spent in reading and consolidating the lecture materials. Advance reading of cases and materials will enhance learning in the lectures. Lectures will also provide a springboard for further in-depth reading of cases, text books and academic articles.
The seminars included in the module guide are intended to allow opportunities for you to develop the analytical and critical skills needed for the assessment. You should prepare for these tutorials by reading the recommended materials and preparing written answers to the problem and essay questions. These questions are a valuable preparation for the coursework assessment.
Definitive UNISTATS Category | Indicative Description | Hours |
---|---|---|
Scheduled learning and teaching | Lectures Seminars | 66 |
Guided independent study | Lectures Seminars | 234 |
Total (number of credits x 10) | 300 |
The end of year unseen exam contains a mixture of essay based and problem based questions. The coursework consists of a choice of either an essay based or problem based question as well as in class activities and assessments. The essay requires research of law and policy relating to a specific legal issue. The problem question takes the form of an exercise requiring research on a set of facts that give rise to a legal problem and advice on the issues raised.
Students will be given the opportunity to undertake formative assessment in the first teaching block in terms of undertaking a time constrained written exercise on a problem based question and marking their work with the assistance of current university grading criteria. Formative assessment in the second teaching block consists of opportunities to practice past examination questions.
Learning Outcome | Assessment Strategy |
---|---|
1) Demonstrate a broad appreciation of the interplay between law and policy in the regulation of the employment relationship | Coursework (including in class activities) / examination S |
2) Analyse and apply contractual principles to the employment relationship | Coursework (including in class activities) / examination FS |
3) Understand the principles of equality law as they apply to the employment relationship and the importance of European Union law in shaping these principles | Examination S |
4) Understand the social, economic and political values which shape the nature of employment and labour protection and critically evaluate current legal solutions to problems in the workplace | Coursework (including in class activities)/ examination S |
5) Demonstrate a practical application of legal rules to the analysis of problems and an ability to analyse and criticise the law | Coursework (including in class activities)/ examination FS |
6) Demonstrate an ability to conduct independent research informed by social and economic perspectives | Coursework(including in class activities) / examination S |
Description of Assessment | Definitive UNISTATS Categories | Percentage |
---|---|---|
Written exam | Written exam | 50 |
Coursework | Coursework | 50 |
Total (to equal 100%) | 100% |
It IS NOT a requirement that any major assessment category is passed separately in order to achieve an overall pass for the module.
S.Deakin and G.Morris, Labour Law, Hart Publishing
I. Smith and A. Baker, Employment Law (OUP)
G. Pitt, Employment Law, Sweet and Maxwell
Blackstone's Statutes on Employment Law (ed R Kidner) (OUP)
Cabrelli, Employment Law in Context (OUP)
R.Painter and A.Holmes, Cases and Materials on Employment Law