EMPLOYMENT LAW (LEVEL 3)

SHE Level 3
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M3M221677
Module Leader William Henderson
School Glasgow School for Business and Society
Subject Law
Trimester
  • B (January start)

Pre-Requisite Knowledge

M1M108557 Scots Private Law or M1M108448 Scots Private Law or M1M208546 Business Law 1

Summary of Content

This module provides a comprehensive and in-depth study of the regulation of the employer-employee relationship. It considers the impact of EU Law and the European Convention on Human Rights Topics covered will include the institutions of employment law; nature and formation of the contract of employment; equality law; statutory employment protection rights; termination of employment and business restructuring; and health and safety at work.

Syllabus

Sources & institutions of employment law : the role of the UK legislature; the European Union; the European Convention for the Protection of Human Rights and Fundamental Freedoms; the Human Rights Act 1998; the role of the courts (domestic, CJEU, ECHR); the structure and jurisdiction of employment tribunals; Institutions associated with employment law including ACAS, EHRC, HSE. Nature and formation of the contract of employment : 'who is an employee?'- the distinction between a contract of service and a contract for services; position of casual and atypical workers; agency workers; sources of contractual terms; written particulars; references. Equality law : Protected characteristics, prohibited conduct and equality of terms under statute; position of ex-offenders; protection afforded to trade unionists; part-time and fixed term workers. Statutory employment protection rights : 'whistleblowers'; remuneration; provisions on working time; rights to time off work; family friendly rights. Termination of employment and Business Re-structuring : Termination at common law and as regulated by statute; unfair dismissal; redundancy; transfer of undertakings. Health and safety at work : the employer's common law duty of care; statutory duties; civil and criminal liability for breach of duty; the provisions of relevant primary and secondary legislation and associated codes of practice; vicarious liability.

Learning Outcomes

At the end of the module the student should be able to:1. Demonstrate a knowledge and understanding of the legal framework which regulates the employer-employee relationship; 2. Critically analyse and evaluate the legal regulation of the employer-employee relationship; 3. Analyse a given set of facts so as to identify the relevant legal issues arising therefrom, explain the relevant law; evaluate the relevance of particular factual information; synthesise case law and statute to reinforce legal points and synthesise different points of law when reaching a reasoned conclusion 4. Identify and retrieve up to date legal information using paper and electronic repositories; use primary and secondary legal sources which are relevant to the topic under study and current at the point of assessment; present knowledge and information using sources to support arguments and conclusions; provide recognised methods of citation and reference.5. Identify accurately and formulate clearly the legal issues to be researched; undertake independent research (both paper-based and electronic) in areas of law which have not been previously studied, using paper and electronic repositories to research new topics without reference to a reading list.

Teaching / Learning Strategy

The module will be delivered over one trimester. Students will attend three hours of lectures per week and a 1hour seminar per week. Students will be required to identify and retrieve relevant and up-to-date legal information using paper and electronic sources. The structured programme of learning undertaken will encourage active, student-centred learning by requiring students to access and analyse a variety of primary and secondary source material in order to address and solve set questions and case studies. In addition, blended learning will be utilised fully with a range of module materials and other sources of information available via the module site on GCU Learn. The site will also provide opportunities for formative self-assessment through the completion of online exercises. Generic feedback on assessments will also be provided through the site. GCU Learn will be used to allow students to develop a Repository of journal articles relevant to the coursework title. As part of the assessment of this module, each student will post an article together with a live, permanent URL and provide a brief abstract. Completion will be required but no substantive mark will contribute to overall result.

Indicative Reading

N.M. Selwyn: Selwyn's Law of Employment - 16th ed., Oxford University Press 2010; OR Gwyneth Pitt: Employment Law - 8 th ed., Sweet & Maxwell 2011; PLUS Blackstone's Statutes on Employment Law 2012/13 (Richard Kidner - 22nd ed., OUP) - this statute book - unannotated - may be taken into the final examination Cabrelli, D., Employment Law 2 nd ed., (Longman) 2009 Collins, H., Employment Law 2 nd ed., (Oxford University Press) 2010 Craig, V., & Walker, S., Employment Law: An Introduction 3 rd ed., (W. Green) 2007 Deakin, S., & Morris, G., Labour Law 5 th ed., (Hart Publishing) 2009 Honeyball & Bowers', Textbook on Employment Law , 11 th ed., (OUP) 2010 Painter, R. & Holmes, A., Cases and Materials on Employment Law , 8 th ed., (OUP) 2010 Sargeant, M. & Lewis, D., Employment Law , 5 th ed., (Longman) 2009 (6 th ed.,due 2012) Smith, I., & Baker, A., Smith & Wood's Employment Law , 10 th ed., (OUP) 2010 Taylor, S., & Emir, A., Employment Law: An Introduction 2nd ed., (OUP) 2009 (3 rd ed., due March 2012) Allen, R., Beale, A & Crasnow, R., Employment Law and Human Rights 2 nd ed., (OUP) 2007 Barnard, C., EC Employment Law 3 rd ed., (OUP) 2006 Bercusson, B., European Labour Law 2 nd ed., (Cambridge University Press) 2009 Bowers, J., et al, The Law of Industrial Action and Trade Union Recognition 2 nd ed., (OUP) 2011 Brodie, D., The Contract of Employment (W Green, SULI) 2008 Connolly, M., Discrimination Law 2 nd ed., (Sweet and Maxwell) 2011 Cotter, B., and Bennett, D., Munkman on Employer's Liability , 15 th ed., (Butterworths Law) 2009 Doyle, B. et al, Equality and Discrimination: The New Law (Jordan Publishing Ltd.) 2010 Duggan, M., Business Reorganisations and Employment Law: Reorganisations, Redundancies and Transfer 2 nd ed., (Jordan Publishing) due March 2012 Duggan, M., Unfair Dismissal: Law, Practice and Guidance 2 nd ed.,(Nova Law and Finance Ltd) (due 2011 but not yet published) Fredman, S., Discrimination Law 2 nd ed., (OUP) 2011 Hepple, B., Equality: The New Legal Framework (Hart Publishing) 2011 Humphreys, N., Trade Union Law and Collective Employment Rights 2 nd ed., (Jordan Publishing Ltd ) 2005 Keen, S., & Oulton, R., Disability Discrimination in Employment (OUP) 2009 McLynn, Lucy, Working Time and Holidays: A Practical Legal Guide (OUP) 2009 McMullen, J., Redundancy: The Law and Practice 3 rd ed., (OUP) 2011 Ryley, M., and Upex, R., TUPE: Law and Practice 2nd ed., (Jordan Publishing) due 2012 Vickers, Lucy, Religious Freedom, Religious Discrmination and the Workplace (Hart Publishing) 2008 Wadham, J., (Editor) et al, Blackstone's Guide to the Equality Act 2010 (OUP) 2010

Transferrable Skills

Analysis, Synthesis, Critical Judgement and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through the following activities: preparation for, presentation at and participation in researched seminar activity; preparation for, presentation as part of and participation in assessment activity including the written essay and other formal exercises; solving well defined (typically hypothetical) problems through essays, seminars and group work; preparing for and delivering the assessed presentation. Personal Management, Independence and Ability to Learn The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. The ability to learn effectively and be aware of their own learning strategies; to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities: completion of online formative assessment independently in own time; meeting deadlines for assessments; completion of preparatory work for seminars; consolidating material delivered at lectures; supplementing delivered material with additional reading; reflecting on lecture, handout and self-researched material; preparation for and delivering coursework; reflecting upon and responding to generic and individual feedback provided by the module leader. Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus on key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations addressing an allocated topic within the prescribed time frame. The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work which is comprehensible to the intended audience. The ability to create documents which are analytical, descriptive and inquisitive using appropriate terminology and recognised methods of citation and reference. Such skills are developed within this module through the following activities: writing essays and other formal exercises using appropriate legal terminology and recognised methods of citation and reference; contributing in seminars; researching and writing the assessed case synopsis and making related assessed oral presentation; communication with module team and other students via e-mail and GCU Learn. Numeracy, Information, Technology and Teamwork Where relevant and as the basis for an argument, the ability to present and evaluate information provided in numerical or statistical form. The ability to produce and present in an appropriate form a word-processed essay or other appropriate format. The ability to conduct efficient searches of websites to locate relevant information; and exchange documents by E-mail. The ability to work productively and cooperatively in different kinds of groups; to establish working relations with others, defining, sharing and delegating responsibilities within the group. Such skills are developed within this module through the following activities: calculation of redundancy payments as part of seminar work; preparation for seminars and production of assessed coursework which will require retrieval of information using electronic sources; production of assessed written work in a word-processed format; production of Powerpoint presentation for assessed oral presentation; Posting of Article with permananent URL within Repository on GCU Learn; interaction with others in groups during seminars.

Module Structure

Activity Total Hours
Lectures (PT) 42.00
Seminars (FT) 11.00
Assessment (PT) 36.00
Assessment (FT) 36.00
Lectures (FT) 36.00
Independent Learning (PT) 122.00
Independent Learning (FT) 117.00

Assessment Methods

Component Duration Weighting Threshold Description
Exam (Exams Office) 3.00 60.00 35% Exam
Coursework 0.00 20.00 n/a Essay 1500 words
Coursework 0.00 20.00 n/a Case Synopsis (1000 words) and Presentation
Coursework 3 n/a 0.00 n/a Article Repository post relevant to CW Essay topic (not included in aggregate).