Employment law is the law governing the employment relationship, including both the individual employment relationship and collective employment relations.
Aims and Objectives
This module broadly aims to:
• explore the application of common law concepts (notably tort and contract) to the employment relationship;
• consider the relationship between employee-protective legislation, the common law and human rights instruments;
• assess the impact of government policy in the employment field.
Learning Outcomes
More specifically, upon completion of this module students will be able to:
• analyse the interaction between the different sources of employment law;
• understand the role played by employment law institutions such as trade unions, employment tribunals and employers’ representatives;
• assess the place of the contract of employment in governing the employment relationship;
• understand how the contract of employment relates to social legislation such as dismissal law, redundancy and transfers of undertakings;
• assess the efficacy of rules governing wages and working time;
• consider the role of equality law in the employment context;
• explore the role played by collective employment law and its influence on the individual employment relationship;
• place employment law in its broader social, economic and political context;
• gain a practical insight into the operation of employment tribunals, develop their drafting and advocacy skills.
Syllabus
1. Introduction and Employment Status
This topic will cover the development and sources of employment law as well as the ‘personal scope’ of employment law. The definition of the employee and the worker will be dealt with before examining flexible forms of employment relationship and the gig economy.
2. The Contract of Employment
The second topic covers the historical development of the contract of employment. The written particulars of the employment contract will be outlined before exploring the relationship between express and implied terms as well as the incorporation of terms and the variation of the contract.
3. Employment Dispute Resolution
Employment dispute resolution is defined broadly for the purposes of this course and covers the role of policy and procedure in effective dispute resolution. This includes the role and procedure of employment tribunals, courts, ACAS and other key employment law institutions as well as the prevention of disputes (e.g. the role of mediation).
4. Termination of the Employment Contract
Topics covered will include the, termination of the contract of employment without dismissal, wrongful dismissal, the rules and regulations of unfair dismissal, economic restructuring, redundancy and the transfer of undertakings.
5. Pay and Working Time
This topic looks to the legislative terms that have been incorporated into the employment relationship, namely the right to a minimum wage and limited working hours, including paid leave. Also covered are the effects of Brexit and the human rights influence on the employment relationship.
6. Common Law Implied Terms
Having studied legislation as a source of employment law in Topic 4, the course now turns to examine the common law as a source of employment rights. Particular topics covered include the terms implied in fact and terms implied in law, the duty of mutual trust and confidence, the duty to provide work and pay, the duty of care in respect of health and safety, duties of obedience, personal service, faith, fidelity, duty to provide a reference. Lessons learned from earlier Tort and Contract courses will be particularly useful here.
7. Employment Tribunal Skills:
Maintaining a commitment to teaching the practical aspect of employment law, we aim to invite guest speakers each year, both of whom will be practitioners. In lectures we will also cover the key stages of an employment claim before an employment tribunal or the civil courts including issues of jurisdiction, procedural rules and the nature of advocacy in the employment context.
8. Occupational Stress, Health and Safety
This topic covers the key legal issues raised by occupational stress and health and safety at work, an increasingly important angle of Employment Law.
9. Equality Law
Equality law is a vast subject and we cannot hope to cover it in its entirely during this course. Particular emphasis will be placed on the distinction between direct and indirect discrimination, outlining the key protected characteristics such as gender, race, disability, religion, gender reassignment. Also covered are harassment and victimisation in the workplace. Finally, a lecture will be dedicated to the issue of equal pay.
10. Collective Employment Law
An important topic in both academia and practice is the issue of collective employment law which covers trade union activity. We will explore the notion of freedom of association, including its role as a fundamental human right. The function of trade unions will then be outlined including their part in the collective bargaining process. Finally, we will deal with the right to strike. We will consider whether there is a right to strike in the UK and whether there should be. Finally, consideration will be given to the effect of strike action on the contract of employment.
6. Redundancy
6.1 Definition of redundancy
6.2 The elements of a properly implemented redundancy procedure. pool for selection, invitation of volunteers, consultation. TULRCA 1992 s193, The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999 (TUPE) and Amendment Regulations 2006, SI 2006/2387; effectiveness of process and legislation; proposals for reform
7. The practical principles governing the negotiation of, preparation of, and advice upon binding compromise agreements.
7.1 The purpose and effect of compromise agreements.
7.2 Analysis of purported compromise agreements to ensure full compliance with statutory requirements.
8. Employment tribunal skills
8.1 The key stages of an employment claim before an employment tribunal or the civil courts.
8.2 The jurisdiction of the employment tribunal or the civil courts
8.3 Time limits and rules of procedure
8.4 Drafting ET1 and ET3 forms
8.5 Processes and orders available in the employment tribunal
8.6 Jurisdiction for appeals and reviews of tribunal decisions
Aims and Objectives
This module broadly aims to:
• explore the application of common law concepts (notably tort and contract) to the employment relationship;
• consider the relationship between employee-protective legislation, the common law and human rights instruments;
• assess the impact of government policy in the employment field.
Learning Outcomes
More specifically, upon completion of this module students will be able to:
• analyse the interaction between the different sources of employment law;
• understand the role played by employment law institutions such as trade unions, employment tribunals and employers’ representatives;
• assess the place of the contract of employment in governing the employment relationship;
• understand how the contract of employment relates to social legislation such as dismissal law, redundancy and transfers of undertakings;
• assess the efficacy of rules governing wages and working time;
• consider the role of equality law in the employment context;
• explore the role played by collective employment law and its influence on the individual employment relationship;
• place employment law in its broader social, economic and political context;
• gain a practical insight into the operation of employment tribunals, develop their drafting and advocacy skills.
Syllabus
1. Introduction and Employment Status
This topic will cover the development and sources of employment law as well as the ‘personal scope’ of employment law. The definition of the employee and the worker will be dealt with before examining flexible forms of employment relationship and the gig economy.
2. The Contract of Employment
The second topic covers the historical development of the contract of employment. The written particulars of the employment contract will be outlined before exploring the relationship between express and implied terms as well as the incorporation of terms and the variation of the contract.
3. Employment Dispute Resolution
Employment dispute resolution is defined broadly for the purposes of this course and covers the role of policy and procedure in effective dispute resolution. This includes the role and procedure of employment tribunals, courts, ACAS and other key employment law institutions as well as the prevention of disputes (e.g. the role of mediation).
4. Termination of the Employment Contract
Topics covered will include the, termination of the contract of employment without dismissal, wrongful dismissal, the rules and regulations of unfair dismissal, economic restructuring, redundancy and the transfer of undertakings.
5. Pay and Working Time
This topic looks to the legislative terms that have been incorporated into the employment relationship, namely the right to a minimum wage and limited working hours, including paid leave. Also covered are the effects of Brexit and the human rights influence on the employment relationship.
6. Common Law Implied Terms
Having studied legislation as a source of employment law in Topic 4, the course now turns to examine the common law as a source of employment rights. Particular topics covered include the terms implied in fact and terms implied in law, the duty of mutual trust and confidence, the duty to provide work and pay, the duty of care in respect of health and safety, duties of obedience, personal service, faith, fidelity, duty to provide a reference. Lessons learned from earlier Tort and Contract courses will be particularly useful here.
7. Employment Tribunal Skills:
Maintaining a commitment to teaching the practical aspect of employment law, we aim to invite guest speakers each year, both of whom will be practitioners. In lectures we will also cover the key stages of an employment claim before an employment tribunal or the civil courts including issues of jurisdiction, procedural rules and the nature of advocacy in the employment context.
8. Occupational Stress, Health and Safety
This topic covers the key legal issues raised by occupational stress and health and safety at work, an increasingly important angle of Employment Law.
9. Equality Law
Equality law is a vast subject and we cannot hope to cover it in its entirely during this course. Particular emphasis will be placed on the distinction between direct and indirect discrimination, outlining the key protected characteristics such as gender, race, disability, religion, gender reassignment. Also covered are harassment and victimisation in the workplace. Finally, a lecture will be dedicated to the issue of equal pay.
10. Collective Employment Law
An important topic in both academia and practice is the issue of collective employment law which covers trade union activity. We will explore the notion of freedom of association, including its role as a fundamental human right. The function of trade unions will then be outlined including their part in the collective bargaining process. Finally, we will deal with the right to strike. We will consider whether there is a right to strike in the UK and whether there should be. Finally, consideration will be given to the effect of strike action on the contract of employment.
6. Redundancy
6.1 Definition of redundancy
6.2 The elements of a properly implemented redundancy procedure. pool for selection, invitation of volunteers, consultation. TULRCA 1992 s193, The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999 (TUPE) and Amendment Regulations 2006, SI 2006/2387; effectiveness of process and legislation; proposals for reform
7. The practical principles governing the negotiation of, preparation of, and advice upon binding compromise agreements.
7.1 The purpose and effect of compromise agreements.
7.2 Analysis of purported compromise agreements to ensure full compliance with statutory requirements.
8. Employment tribunal skills
8.1 The key stages of an employment claim before an employment tribunal or the civil courts.
8.2 The jurisdiction of the employment tribunal or the civil courts
8.3 Time limits and rules of procedure
8.4 Drafting ET1 and ET3 forms
8.5 Processes and orders available in the employment tribunal
8.6 Jurisdiction for appeals and reviews of tribunal decisions