Course Resources Archive

The module begins by setting the context for the study of employment law through an examination of the sources and institutions that make up the framework within which employment law operates. Particular emphasis is given to the impact of European Union membership on the development of UK employment law, most notably in the equality area. The module then explores those aspects of employment law that are relevant to the recruitment and selection of employees and to the continuing employment relationship particularly; contracts of employment, equal opportunities, and both the civil and criminal aspects of health and safety at work. This is followed by an analysis of termination of employment through dismissal and redundancy. The module then explores employment tribunal procedure and the role of HR practitioners in avoiding or, if necessary, defending tribunal claims. Finally, collective aspects of employment law including industrial action are explored. The focus of the module is the application of employment law to those issues which occur regularly in the workplace.

1. The employment law framework. The legal system; the distinction between civil law and criminal law; sources of English law; case law and statute; the impact of European Union membership on the development of employment law in the United Kingdom; direct applicability and direct effect of European Union legislation; the court structure including the European Court of Justice; employment tribunal procedure; employment law institutions e.g. ACAS, CEHR.
2. Recruitment issues. Decisions to be made on recruitment; contracts of employment or contracts for services; permanent, fixed term or temporary contracts; full time or part time contracts; work permits; Rehabilitation of Offenders Act; union members and non-members.
3. The contract of employment. Nature of the contract of employment; express, implied and incorporated terms; common law duties of employer and employee; Privacy and Data Protection; Wages; Contracts and statutory statements distinguished; contractual variation.
4. Equal Opportunities. Law and codes of practice relating to discrimination on grounds of: sex; sexual orientation; race; religion or belief; disability and age. Equal pay and parental rights. The European Union influence. Legal protection and the limits of the law.
5. Health and safety at work. The criminal law framework: Health and Safety at Work Act and associated regulations; the European Union influence; enforcement of health and safety legislation. The employer's civil liability for health and safety; primary and vicarious liability; liability for stress.
6. Termination of employment. Continuity of employment and Transfer of Undertakings; breach of contract; frustration; resignation and the concept of constructive dismissal, fair and unfair dismissal legislation and ACAS Code of Practice; the concept of reasonableness and importance of procedure; redundancy procedures and payments; remedies
7. Collective employment law. Trade unions and their members; Trade union rights of employees; time off provisions; collective bargaining and disclosure of information. Industrial conflict; the economic torts; the development of laws limiting industrial action; picketing; remedies for unlawful industrial action

On completion of this module students should be able to:

1. Read and analyse legal documents to a standard required to maintain current knowledge of the law. 
2. Advise an organisation about the impact of developments in legislation and case law on its policies and practices.
3. Offer advice on measures to avoid or, if necessary defend, employment tribunal proceedings.
4. Analyse the implications of contract terms and recommend appropriate formats for a given employment relationship
5. Evaluate the extent to which an organisation's current practice meets/exceeds legal requirements on equal opportunities and recommend improvements where appropriate
6. Evaluate the extent to which an organisation's current practice meets/exceeds legal requirements on health and safety and recommend improvements, where appropriate
7. Analyse the legality of a given dismissal or redundancy situation and offer appropriate advice to an organisation
8. Advise employees of their rights, as trade union members, against both the employer and the union and advise the employer of corresponding duties
9. Analyse the legality of industrial action and give appropriate advice to an organisation

Staff/student contact – 30 hours
Student directed learning – 120 hours as directed by tutors/module guide

The Library Catalogue contains full details of the current reading list for this module. Further details may also be found in the Module Guide.