Module Outline. Section 1 General Information. Related modules this module is the foundation for all other LLM Employment Law modules

Transcription

1 UNIVERSITY OF EAST ANGLIA FACULTY OF SOCIAL SCIENCES Module Outline Section 1 General Information Module Title: Postgraduate Certificate in Employment Law Module code M70X Credit value 60 Academic Year 2013/14 Semester Year long Related modules this module is the foundation for all other LLM Employment Law modules Section 2 Details of Module Description What is this module about? What will students learn? This section should contain learning objectives for planning teaching and learning outcomes against which the students will be assessed. Links to other modules should be identified where appropriate. This module aims to give students a basic knowledge of the history, sources and institutions of employment law and a good working knowledge of all the main employment law subject areas. This module aims to enable students to: achieve a sound knowledge and understanding of UK individual and collective employment law. understand the nature of the employment relationship and the economic, social and political factors influencing the development of UK employment law appreciate the influence of EU employment measures in UK law identify the weaknesses of UK employment law and be able to propose improvement or reform At the conclusion of the course students should be able to: analyse and correctly identify employment, self-employment and worker relationships understand how employment relationships are formed and governed by statute and common law and identify which terms enjoy regulatory protection e.g. wages, working time be able to identify when and how an employment relationship may be lawfully terminated identify legally protected groups in the workplace and understand the nature and extent of, and policy/economic/political reasons for such protection understand the collective dimension of UK employment law, rights of trade unions and individuals in relation to trade union membership recognise applicable EU law apply the above rules and principles to a given factual situation and assess the likely legal 1

2 outcome Section 3 Teaching Team Module Convenor and Others Professor Owen Warnock, partner Eversheds LLP Section 4 Module content Activity Details Total hours/days % of credit where applicable Lectures None Pre-lecture preparatory reading and post-lecture follow up reading Seminars hours Pre-seminar preparation and follow up study 20 hours per seminar (except first seminar) 220 hours Day Schools Two day Schools: 12 hours Preparation for day schools 10 hours Formative assessment Feedback sessions Assessed course paper Dissertation Exam None During seminar for Coursework 1 One per semester 1 hour 100 hours 250 hours Total Approx. 613 hours 2

3 Lecture Programme details for each lecture Section 5 - Teaching Sessions Seminar Programme details for each session See below 3

4 INTRODUCTORY SEMINAR Course outline; aims & objectives Historical overview Sources of law and of other materials regulating the employment relationship Institutional structure: legal, economic, and political actors in the field of employment law both British and international 1 THE EMPLOYMENT RELATIONSHIP AND EMPLOYMENT CONTRACTS Different forms of working relationships Employee v self-employed Employees and the various meanings of worker The importance of the distinctions Contemporary problems e.g. casuals and agency workers Formation and content of employment contracts Statutory statement of terms and conditions Implied terms how terms come to be implied; typical implied terms in employment contracts Collective agreements 2 CONTINUITY OF EMPLOYMENT AND TERMINATION OF CONTRACTS Continuous employment the importance of the concept Termination by dismissal, resignation, non-renewal, mutual consent, frustration Rules for calculating continuity Business transfers and outsourcing TUPE Associated employers 3 UNFAIR DISMISSAL 1 GENERAL PRINCIPLES AND ELIGIBILITY Meaning of unfair dismissal 4

5 Qualifications for protection and exclusions Positive and constructive dismissal Potentially fair reasons for dismissal The test of reasonableness as applied to the decision to dismiss Substantive and procedural unfairness Remedies 4 UNFAIR DISMISSAL 2 SPECIFIC REASONS FOR DISMISSAL (OTHER THAN REDUNDANCY) Specific reasons for Unfair Dismissal o o o o o o Conduct Capability Illegality Some other substantial reason Whistle-blowing Other automatically unfair dismissals 5 REDUNDANCY AND OTHER NON-PERSONAL DISMSSALS What is redundancy? Redundancy payments statutory and enhanced by employer Unfair dismissal and redundancy Dismissal to achieve change to terms of employment Spring semester 6 COLLECTIVE RIGHTS AND INDUSTRIAL RELATIONS 1 Collective bargaining The legal status of collective agreements Impact of collective agreements on contracts of employment including change and TUPE Definitions: trade union, listed trade union, independent trade union Voluntary and compulsory union recognition and consequences of recognition 5

6 Information to, and consultation with, employee representatives under domestic and EC law Redundancy consultation TUPE consultation Works councils and employee forums European Works Councils 7 WAGES AND WORKING TIME Common law right to wages Recovery of overpayments Common law and statutory rules on deductions from wages National Minimum Wage legislation Working Time Regulations working, time rest breaks and holidays 8 DISCRIMINATION IN EMPLOYMENT 1 COMMON ELEMENTS Sources of discrimination law; the EU dimension The protected characteristics Defining discrimination: direct, indirect, harassment, victimisation Positive action and positive discrimination Employer and individual liability for discrimination Role of Equality and Human Rights Commission Enforcement and remedies; the burden of proof 9 DISCRIMINATION IN EMPLOYMENT 2 ISSUES RELATION TO PARTICULAR CHARACTERISTICS Sex, marital status, sexual orientation and gender reassignment Equal pay Race discrimination and discrimination on grounds of caste and religion or belief Disability discrimination: the meaning of disability ; disability related treatment, reasonable adjustments 6

7 Age discrimination The positive duty to promote equality 10 MATERNITY AND FAMILY RIGHTS Discrimination on grounds of pregnancy Health and safety of pregnant workers; time off for ante natal care Unfair dismissal and redundancy during pregnancy or maternity leave The right to maternity leave and maternity pay Paternity leave, adoption leave, parental leave and time off for dependants The right to request flexible working Likely forthcoming changes to family rights Protection of part-timers and fixed-term workers 11 COLLECTIVE RIGHTS AND INDUSTRIAL RELATIONS 2 Freedom of association: the right to be a union member and take part in union activities Refusal of employment, detriment and dismissal for trade union membership and activities Trade union liability for industrial disputes; the trade dispute immunities; balloting and other procedural constraints on industrial action Picketing and secondary action The labour injunction Dismissal, deductions from pay and other detriments for taking part in industrial action Other Taught Sessions Programme workshops, practicals, fieldwork, placements, drop-in sessions 7

8 Day School One: ACAS and Employment Tribunals Resolving employment problems (This session takes the form of a half-day seminar led by a senior member of ACAS) Informal dispute-resolution mechanisms: internal procedures; conciliation and the role of ACAS; arbitration and mediation; the statutory arbitration scheme. The new Early Conciliation process COT 3 agreements and the disposal of claims Employment tribunal law and practice (This session takes the form of a half-day seminar led by a Regional Employment Judge) The work of the employment tribunals, and the new ET regulations The procedure for bringing and responding to a claim; filling in the new ET1 and ET3 forms; case management Fee issues Time limits, pre-hearing reviews, deposits, costs orders, withdrawal and striking-out Day School Two: Mock employment tribunal In this workshop delegates will work through the preparation and presentation of an Employment Tribunal case: Drafting of Claim and Response Case Management Discussions and Orders Preliminary hearings Obtaining and using documents Cross-examining witnesses (delegates will be coached in preparation and then have the opportunity to cross-examine) Closing submissions (delegates will be coached and then have the opportunity to make submissions) This seminar is led by Prof Owen Warnock Section 6 Study materials The recommended textbook is Smith and Wood s Employment Law 11 th edition by Ian Smith and Aaron Baker. The most authoritative work on UK employment law is Harvey on Industrial Relations and Employment Law which is available on line through Lexis. Directed reading for seminars will be given on the relevant seminar sheets. 8

9 There are 2 specialist Law Reports covering employment law: IRLR (Industrial Relations Law Reports) and the ICR (Industrial Cases Reports). Both are in the UEA library and the IRLR can also be accessed online through Lexis. A complete set of UK and EU employment legislation and codes of practice can be found: On line with Harvey In Butterworth s Employment Law Handbook (published annually) A selection of the most important UK and EU employment legislation and codes of practice is contained in Employment Law Statutes published January 2013 in the Routledge Student Statutes series. Codes of practice are available as above and also free from the ACAS and EHRC websites. Section 7 - Formative Assessment Assessment Type and Sequence No. Assignment Deadline Method of Submission Return date of marked work (where appropriate) Nature of feedback Assignment detail (e.g. title, type, word limit, presentation length) Assessment Type and Sequence No. Assignment Deadline Method of Submission Return date of marked work (where appropriate) Nature of feedback Assignment detail (e.g. title, type, word limit, presentation length) Section 8a - Summative Assessment 9

10 Assessment Type and Sequence No. (%) counting towards overall module mark Assignment Deadline Method of Sub-mission If electroni c submission, can colour be used? Return Date of Marked Work Method of Return Nature of feedback Dissertation 100% 2 Sept 2014 To be confirmed Hard copy Assignment detail (e.g. title, type, word limit, presentation length) Dissertation of 10,000 to 12,000 words on an aspect of employment law chosen by the student, with guidance from academic staff. The dissertation element of the PG Certificate in Employment Law programme offers an opportunity for students to investigate an area of the law that is of particular interest to them in greater detail than the taught element of the course can offer. It allows students to develop and display their skills in independent research and their depth of knowledge of a particular area of law. Less strictly regimented than any taught module, it is intended to provide evidence of the student's ability to research and develop ideas with occasional supervision from a nominated member of Faculty to ensure that the legal area covered is being explored to its potential. Assessment Type and Sequence No. (%) counting towards overall module mark Date Start Time Duration Type i.e. Written, IT, Lab-based? Invigilation Required? Assignment detail (e.g. type, rubric) Assessment Type Percentage (%) counting towards overall module mark Dates of exam period Dates when marks will be available on e-vision Assignment detail (e.g. length of exam, rubric) Section 8b - Assessment of module outcomes 10

11 Learning Outcomes See list above Formative assessment Summative assessment All via summative assessment 11

12 Section 9 Employability The Certificate provides knowledge and skills directly relevant to employment in roles in human resources relating to the management of human resources issues with legal aspects and to work in legal offices involving the giving of employment law advice. For HR specialists it provides a through grounding in employment law which will be recognised by employers as going beyond the law learnt while acquiring CIPD status. The Certificate will also equip HR specialists to be effective and critical users of employment law advice providers by solicitors and barristers. For solicitors and barristers who have not in the course of their education and training studied employment law, the Certificate will equip them to start to practise in this field by providing a broadly-based introduction to employment law and giving them the understating of the structure of the subject and familiarity with the statutes, law reports and text books which will enable them to develop their knowledge further and to research particular issues raised by clients. Notes for academics on using this form Please use language which is free of jargon and acronyms Section 2 - Please make your description as distinctive as possible Section 2 - You should make it clear what the pre-requisites or co-requisites are for this module Section 4 - Delete or mark as not applicable any sections which do not apply to a particular module Section 6 - indicate REQUIRED reading, recommending reading and other study materials Sections 7 and 8 delete as appropriate to given assessment types. Section 7 - Formative assessment should be included in modules where possible in 2011/12 and will be a required element of all modules in 2013/14. It provides students with an excellent opportunity to test their understanding of material receive feedback on their work and achieve a better understanding of what is required at a given level of study. Formative assessment does not count towards the final module mark. This box is not intended to encompass all the formative work undertaken on a module only those pieces formally handed in for marking. Please indicate whether you would like submission via the hub. Section 8 - Summative assessment counts towards the final module mark. The nature of each summative assessment should be recorded (in section 8a) along with how the module outcomes are assessed (in section 8b). The return date must be no later than 20 working days from the submission date. The word limit indicated will be displayed to students on 12

13 Evision and on the coursework coversheet. The default is that all summative coursework submission will be submitted electronically as a PDF file. Work can be submitted up to 5MB in size, the standard will be black and white, but colour printing can be provided if requested note that this is at a higher cost and will take longer to reach the hub. If the assessment item is not suitable for electronic submission then a case should be made to the LTS Hub Manager for consideration. LTS are able to arrange invigilation for timed written summative course tests only. Please indicate if you would like to request a professional invigilator. Section 9 Employablity - Elements of module learning which will explicitly enhance a student s employability. This should focus on how students can apply the skills, knowledge and understanding from the course in future careers. It should also include a specific employability based activity. 13