module specification

This module will enable students to critically analyse contemporary employment law issues, keep abreast of legal developments and appreciate the practical implications of employment law disputes.

Assessment: The module is assessed by 100% coursework. It consists of two pieces of written coursework weighted 75% and 25%.

This module aims to provide learners with an understanding of this complex area of law and of the importance of law and legal developments in the employment field. It will enable learners to keep abreast of legal developments and to critically analyse the law and evaluate the implications for employment practice.

The assessment strategy is designed to assess legal knowledge and enhance learners’ understanding of the practical implications, thereby enabling students to appreciate appropriate responses and issues relating to presenting and settling employment law cases.

The module covers the CIPD module Employment Law.

There are no pre- or co- requisites for the module. Available for Study Abroad? NO

This module aims to provide learners with an understanding of this complex area of law and of the importance of law and legal developments in the employment field. It will enable learners to keep abreast of legal developments and to critically analyse the law and evaluate the implications for employment practice.

The assessment strategy is designed to assess legal knowledge and enhance learners understanding of the practical implications, thereby enabling students to appreciate appropriate responses and issues relating to presenting and settling employment law cases.

The module covers the CIPD module Employment Law.

Indicative content is indicated below and will enable achievement of the learning outcomes.

1. The legal system - statute and common law; civil and criminal law. Sources of Employment Law. Enforcement of the law - role of the Employment Tribunal and Employment Appeal Tribunals; the Court Structure. Role of the State and third-party agencies - Central Arbitration Committee, Advisory, Conciliation and Arbitration Service, Equality and Human Rights Commission. The law regulating collective issues - collective bargaining and collective agreements, recognition and de-recognition of trade unions, trade disputes, dismissal during disputes - and the effect of the law on industrial relations.

2. The sources of law - Treaties, Directives, Regulations, Statutes. Analysis of developments in this area. The contractual position of workers, employers and trade unions.

3. The law and the contract of employment - terms of the contract; statutory protection of individual workers - working time, pay, time off, maternity and parental rights and dependency leave. Effect of these rights on employment relations, and implications for work-life balance. Discrimination law - the role of law as it relates to discrimination because of sex or marital status, race, ethnicity or national origin, religion or belief, sexual orientation, disability, age. Codes of Practice relating to discrimination. Confidential information and intellectual property law: Data Protection Act, references, patents, inventions and copyright. Health and safety at Work: the legal framework - common law and statute; rights and obligations of employers and workers.

5. Termination of employment: breach of contract; statutory rights - unfair dismissal, redundancy, rights relating to the transfer of undertakings. Role of the Employment Tribunal.

6. The practical implications of employment law and appropriate organisational responses to the law and any changes in the legal framework.

This module will normally operate in accordance with a weekly programme of three hour sessions. The teaching will involve a mix of lectures and seminars as appropriate.

The lectures will provide the legal framework to underpin the seminar activities. Seminars will consist of debates, role plays, problem solving. They will be student led, with students being required to read material prior to each session. They will be expected to participate in discussions and debates on topical issues with relevant reading loaded on WebLearn.

Students will also be provided with formative tasks/feedback throughout the module including an Employment Tribunal role play and a short question/answer exercise testing their knowledge of individual employment law. These formative tasks will enable students to develop the application of the law and enhance their understanding of the practical implications, thereby enabling students to appreciate appropriate responses and issues relating to presenting and settling employment law cases.

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

1. Demonstrate an understanding of the legal framework relating to employee relations and human resource management and be able to confidently handle and analyse legal materials.

2. Analyse developments in employment law, including international law, and be able to identify appropriate sources to enable them to keep abreast of developments.

3. Identify problems and issues which arise in employee relations and human resource management, and apply the legal principles to those situations.

4. Advise on appropriate legal action to be taken in the workplace.

5. Advise on the preparation, presentation and settling of employment tribunal cases.

6. Identify current legal issues, research those areas and analyse the findings.

The module is assessed by 100% coursework. It consists of two pieces of written coursework weighted 75% and 25%.

The first assessment will count for 75% of the assessment. It will relate to individual employment law and will assess the students' understanding of the legal framework of individual employment law, including the impact of EC law. It will consist of two parts. One part (counting for 25%of the overall assessment) will consist of a case study and will require students to identify legal issues, research the relevant area of law and provide advice on the practical application of the law. It will also require students to have an understanding of how to prepare for and settle cases. This part of the coursework will be 1,000 words. The second part of this assessment will require students to identify a current issue in individual employment law, carry out in depth research, using primary and secondary sources, and analyse their findings. Students will be provided with a number of topical titles or they can choose their own title for this essay, subject to approval by the tutor. This part of the coursework will count for 50% of the module total and be 2500 words.

The second assessment will count for 25% of the assessment of this module. It will consist of an essay title on collective employment rights. It will require research and analytical discussion of a topical issue of industrial relations law. The word limit will be 1500 words.

Students will be provided with formative tasks/feedback throughout the module including an Employment Tribunal role play and a short question/answer exercise testing their knowledge of individual employment law. These formative tasks will enable students to develop the application of the law and enhance their understanding of the practical implications, thereby enabling students to appreciate appropriate responses and issues relating to presenting and settling employment law cases.

Informal formative feedback will be given individually and collectively both face-to-face and online via email and Weblearn/Blackboard. In addition, tutors will be available for face-to-face consultations during office hours (and at other times as necessary.) Formal formative feedback will be provided as part of the assessment and marking process.
Summative feedback will be provided to students orally and by means of detailed feedback sheets attached to assignments submitted.

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