Description
This module examines the individual contract of employment at common law and under statute and the regulation which applies to that contract
Aims
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.
Learning Outcomes
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, and Brexit, 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.
Indicative Content
1 Formation of the Contract of Employment
Definition; form; jurisdiction and choice of law, continuous employment; 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; National Minimum Wage; working hours.
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 EU Directives; rights of transferred employees.
7 Termination of the Contract of Employment
Notice; dismissal: wrongful, unfair; redundancy; remedies.
Teaching and Learning Work Loads
| Teaching and Learning Method | Hours |
| Lecture | 26 |
| Tutorial/Seminar | 13 |
| Practical Activity | 0 |
| Assessment | 40 |
| Independent | 121 |
| Total | 200 |
Guidance notes
SCQF Level - The Scottish Credit and Qualifications Framework provides an indication of the complexity of award qualifications and associated learning and operates on an ascending numeric scale from Levels 1-12 with SCQF Level 10 equating to a Scottish undergraduate Honours degree.
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.
Disclaimer
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 2021/22 , and may be subject to change for future years.
