This module examines the individual contract of employment at common law and under statute and the regulation which applies to that contract
The aim of this Module is to provide the student with ability to critically analyse and evaluate the law and policy relating to the employment relationship.
By the end of this module the student should be able to:
1. Analyse and apply the principles of employment law.
2. Analyse and apply the principles of contract and delict to the employment relationship
3. Analyse and discuss critically the impact of EU Law on the contract of employment
4. Demonstrate higher level legal oral and writing skills and apply legal skills and knowledge in a practical and/or theoretical context while reflecting thereon.
1 Formation of the Contract of Employment
Definition; form; jurisdiction and choice of law, continuous employment; specialities: directors, partners, apprentices, public sector, minors, temporary employees, probationary, fixed-term, retiring age.
2 Administration of Employment Law
The Tribunals system; the Department for Business Innovation and Skills and other agencies active in this field e.g. ACAS, Equality and Human Rights Commission.
3 Terms of the Contract
Minimum statutory requirements; express, implied, custom, collective agreements. Terms imposed by the common law and modified by statute. Employment protection provided by statute: e.g. suspension from work; family friendly working rights; pay; insolvency of employer.
4 Discrimination in Employment
General; Equality Act 2010 and protected characteristics of gender reassignment, race, disability, age, religion or belief, sex, sexual orientation, pregnancy and maternity, and marriage and civil partnership; equal pay
5 Discipline and Grievance
Works' rules and procedures; ACAS recommended practice.
6 Transfer of a Business
UK implementation of EC Directives; rights of transferred employees; collective rights to consultation in redundancy situations.
7 Termination of the Contract of Employment
Notice; dismissal: wrongful, unfair; redundancy; remedies.
Statement on Teaching, Learning and Assessment
This module is delivered through interactive lectorials and tutorials, where students shall participate in the learning experience. Lectorials are delivered via a mixture of traditional lectures and more active class-based activities, such as problem solving, group-based case analysis and question and discussion opportunities. Tutorials are student led and develop upon the lecture materials. Students are required to conduct hands-on literature searches and analyse and apply their research to legal problems. Students then present and discuss their findings within the tutorial setting. This provides students with the opportunity to practice and develop legal writing skills, skills of research, presentation and peer enquiry required for both the practical and moot assessments. The assessment for this module requires students to engage with the literature, to include further literature research, for the peer engagement in a professional role play format for the employment law moot, and the preparation of and timely submissions of pre trial paperwork in a professional manner. Students will be required to engage with an electronic personal development planning and portfolio system to facilitate their learning and develop as reflective learners and practitioners. The week 7 activity will be the provision of the feedback in relation to that first element of the practical which will have been submitted in week 5. This will also operate as feedforward to the outline argument of the practical exercise.
Teaching and Learning Work Loads
|Supervised Practical Activity||0|
|Unsupervised Practical Activity||0|
Credit Value – The total value of SCQF credits for the module. 20 credits are the equivalent of 10 ECTS credits. A full-time student should normally register for 60 SCQF credits per semester.
We make every effort to ensure that the information on our website is accurate but it is possible that some changes may occur prior to the academic year of entry. The modules listed in this catalogue are offered subject to availability during academic year 2017/18 , and may be subject to change for future years.