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Employment Law

  • Module code: LL6193
  • Year: 2018/9
  • Level: 6
  • Credits: 30
  • Pre-requisites: None
  • Co-requisites: None

Summary

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. 

Aims

The programme aims:

  • To provide students with an in depth knowledge and critical understanding of the core elements of the employment relationship.
  • To enable students to understand both theory and practice of employment law.
  • To encourage and develop analytical and critical skills.

Learning outcomes

On successful completion of the module, students will be able to:

  • Demonstrate a broad appreciation of the interplay between law and policy in the regulation of the employment relationship.
  • Analyse and apply contractual principles to the employment relationship.
  • Understand the principles of equality law as they apply to the employment relationship and the importance of European Union law in shaping these principles.
  • Understand the social, economic and political values which shape the nature of employment protection and critically evaluate current legal solutions to problems in the workplace.
  • Demonstrate a practical application of legal rules to the analysis of problems and an ability to analyse and criticise the law.
  • Demonstrate an ability to conduct independent research informed by social and economic perspectives.

Curriculum content

The Contract of Employment

  • Defining the Contract of Employment: Dependent labour; self -employment
  • Continuity of employment
  • Contract of Employment: Formation and Content

Sources of contract of employment: written particulars of terms; custom and practice; collective agreements.  Variation of terms

  • Implied Terms: duties of employer and employee

 Termination of Employment

  • General principles of termination; modes of termination other than   dismissal; distinction between remedies for wrongful dismissal and unfair dismissal  

Wrongful Dismissal

  • Unfair Dismissal: qualifications; excluded employees; time limits; statutory concept of dismissal; fair reasons for dismissal, automatically unfair dismissal; remedie

 Equality Law

  • Direct discrimination, harassment, indirect discrimination and victimisation.  Positive action and positive discrimination
  • Protected characteristics: race, sex, pregnancy and maternity, marriage and civil partnership, transgender, sexual orientation, religion or belief, age.
  • Discrimination against part-time workers
  • Exceptions: occupational requirements and special cases
  • Remedies and enforcement

 Collective Labour Law

  • History and Philosophy of Labour Law
  • Freedom of Association
  • Trade Union Recognition and Collective Bargaining
  • Industrial Action

Teaching and learning strategy

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.

Breakdown of Teaching and Learning Hours

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

Assessment strategy

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.

Mapping of Learning Outcomes to Assessment Strategy (Indicative)

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

Elements of Assessment

Description of Assessment Definitive UNISTATS Categories Percentage
Written exam Written exam 50
Coursework Coursework 50
Total (to equal 100%) 100%

Achieving a pass

It IS NOT a requirement that any major assessment category is passed separately in order to achieve an overall pass for the module.

Bibliography core texts

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)

Bibliography recommended reading

Cabrelli, Employment Law in Context (OUP)

R.Painter and A.Holmes, Cases and Materials on Employment Law

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