module specification

BL7106 - Employment Law and Practice (2018/19)

Module specification Module approved to run in 2018/19, but may be subject to modification
Module title Employment Law and Practice
Module level Masters (07)
Credit rating for module 20
School Guildhall School of Business and Law
Assessment components
Type Weighting Qualifying mark Description
Coursework 75%   Case study and Essay on Individual Employment Law
Coursework 25%   Essay on Collective Labour Law 1500 Words *FC*
Running in 2018/19
Period Campus Day Time Module Leader
Spring semester City Wednesday Evening
Autumn semester City Wednesday Evening

Module summary

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%.

Prior learning requirements

None

Module aims

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.

Syllabus

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
2. The impact of EU law: sources of law - Treaties, Directives, Regulations; role of the ECJ; implementation of EU law in the UK. Analysis of the developments in this area.the contractual position of workers, employers and trade unions.
3. 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.
4. Discrimination law - the role of law as it relates to discrimination on ground of sex or marital status, race, ethnicity or national origin, religion or belief, sexual orientation, disability, age, part-time and fixed-term work and the employment of ex offenders; Codes of Practice relating to discrimination.
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. Confidential information and intellectual property law: Data Protection Act, references, patents, inventions and copyright
7. Health and safety at Work: the legal framework - common law and statute; rights and obligations of employers and workers
8. Collective labour law: 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. The role of ACAS and CAC in this area.
9. Collective labour law: the law relating to the rights and obligations of trade union members - time off for union duties and activities, freedom of association, rights to disclosure of information.
10. The practical implications of employment law and approprate organisational responses.

Learning and teaching

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.

Learning outcomes

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 EC 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.

Assessment strategy

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 overal 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.

Bibliography

Recommended text:
Smith, I and Baker, A, Smith and Wood's Employment Law 13th ed, Oxford University Press, 2017

 

Also recommended:
Astra E, Selwyn's Law of Employment, 19th ed, Oxford University Press, 2016
Bowers, J, A Practical Approach to Employment Law, 9th ed, Oxford University Press, 2016
Honeyball, S, Honeyball & Bowers' Textbook on Employment Law, 14th ed, Oxford University Press, 2016
Lockton, D, Palgrave Law Masters: Employment Law, 9th ed, Palgrave Macmillan, 2014
Painter, R and Holmes, A, Cases and Materials on Employment Law, 10th ed, Oxford University Press, 2015
Phillips, G and Scott, K, CLP Legal Practice Guides: Employment Law 2017, College of Law Publishing, 2017
(An earlier edition of Phillips, G, Employment Law, College of Law, 2014 is available as an e-book through the university library.)
Pitt, G, Pitt's Employment Law (Book & eBook Pack) 10th ed, Sweet & Maxwell, 2016
Pitt, G, Pitt's Employment Law (Book only) 10th ed, Sweet & Maxwell, 2016
Rubenstein. M, Discrimination: A Guide to the Relevant Case Law, 30th ed, Michael Rubenstein Publishing Ltd, 2017
Sargeant, M and Lewis, D, Essentials of Employment Law, 13th ed, CIPD, 2015
Taylor, S and Emir, A, Employment Law: An Introduction, 4th ed, Oxford University Press, 2015
Wadham, J, Robinson, A, Ruebain, D, and Uppal, Blackstone's Guide to The Equality Act 2010 3rd ed, Oxford University Press, 2016

 

Further Reading:
Deakin and Morris, Labour Law, 6th ed, Butterworths, 2012
Kirton G, and Green A-m, (eds) The Dynamics of Managing Diversity A critical approach, Routledge, 2016
Wedderburn, K W, Labour Law and Freedom: Further Essays in Employment Rights, Lawrence and Wishart, 1994
Wedderburn, K W, The Worker and the Law, Penguin, 1971

 

Journals:
IDS Employment Law Brief
IRS Employment Review
Industrial Law Journal
Institute of Employment Rights publications
New Law Journal

 

Selected electronic resources:

www.acas.org.uk
www.cbi.org.uk
www.cipd.co.uk
www.cehr.org.uk
http://danielbarnett.co.uk
Department for Business, Energy & Industrial Strategy:
https://www.gov.uk/government/organisations/department-for-business-energy-and-industrial-strategy
www.equalityhumanrights.com
www.incomesdata.co.uk
www.tuc.org.uk

 

Also recommended:
Rubenstein. M, Discrimination: A Guide to the Relevant Case Law, 29th ed, Michael Rubenstein Publishing Ltd, 2016
Willey, B, Employment Law in Context: An introduction for HR professionals, 4th ed, 2012, Pearson  (N.B.: does not cover collective labour law)
Wright, T and Conley, H, Gower Handbook of discrimination at work, Gower, 2011

 

Web sites:
http://danielbarnett.co.uk - subscribe to mailing list free of charge
www.incomesdata.co.uk
www.acas.org.uk
www.tuc.org.uk
www.equalityhumanrights.com
http://oldsquarechambers.co.uk
Department for Business, Energy & Industrial Strategy:
https://www.gov.uk/government/organisations/department-for-business-energy-and-industrial-strategy
http://www.emplaw.co.uk/
www.cipd.co.uk