EMPLOYMENT LAW FOR HR PRACTITIONERS

SHE Level 5
SCQF Credit Points 15.00
ECTS Credit Points 7.50
Module Code MMM224063
Module Leader William Henderson
School Glasgow School for Business and Society
Subject Law
Trimesters
  • B (January start)
  • A (September start)

Pre-Requisite Knowledge

Programme Entry Requirements

Summary of Content

This module provides a comprehensive and in-depth study of the legal regulation of the employer-employee relationship and the legal framework governing the status and activities of trade unions. It identifies the sources and principles of UK labour law and evaluates major employment protection provisions and the processes by which these are enforced. It includes consideration of the impact of EU Law, the European Convention on Human Rights and International Law. Summary of how PRME-related issues / topics are covered in this module: Legal and other professionals are increasingly expected to be pro-active in the prediction and prevention of unethical as well as unlawful behaviour across all areas of society, including the public and private sectors. The delivery of the module will embed PRME principles including: developing graduates who care about social responsibility; developing learning and teaching which enables graduates to become responsible managers and employers; and developing graduates who will advise businesses and other stakeholders to explore mutually beneficial responses to social challenges. International aspects are addressed through treatment of relevant Treaties and Conventions emanating from the European Union, the Council of Europe and the International Labour Organisation.

Syllabus

Sources and Institutions of Employment Law Nature and Formation of the Contract of Employment Discrimination and Equal Pay Statutory Employment Protection Rights (including Remuneration; Whistleblowers; Time Off; Family Friendly Rights) Termination of Employment and Business Re-structuring Health and Safety at Work Trade Union Law & Collective Employment Rights Current issues and significant developments in Employment Law will be addressed as appropriate.

Learning Outcomes

On successful completion of this module, the student should be able to:1. Evidence knowledge and a critical understanding of the legal framework which regulates the employer-employee relationship and the status and activities of trade unions.2. Demonstrate a critical awareness of current issues in employment law; Critically evaluate the role of employment law in relation to the development of policy and decision making within the workplace.3. Identify accurately and formulate clearly the legal issues arising in practical employment problems; Critically analyse, evaluate and synthesise legal concepts so as to construct a persuasive argument using recognised legal sources in justifying their application to a given set of facts.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. PRME Learning Outcome: demonstrate an ability to explore ethical and socially responsible responses to issues arising within the context of Employment law.

Teaching / Learning Strategy

The module will be delivered over one trimester. Students will attend a one-hour plenary session and a two-hour seminar workshop per week. The plenary sessions will be utilised to present an overview of key topics plus allow for briefings by the academic librarian, an e-learning specialist for Law and guest speakers. 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 consider issues for discussion and case studies. The two-hour seminar workshops generally will employ group work followed by a plenary discussion. The seminar workshops will also allow opportunities for debate and practical simulations. 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 including the completion of MCQ tests. As part of the assessment of this module, GCU Learn will be used to enable students to develop a Repository of journal articles relevant to the coursework title. Individual feedback will be provided to students. Internationalisation: The delivery of this module will set Scots, UK and EU law as appropriate in an international context.

Indicative Reading

-567 Books and articles: Davies, A.C.L., Employment Law (Pearson, Longman Law Series) 2015 Cabrelli, D., Employment Law in Context, Text and Materials (Oxford University Press) 2014 [2 nd ed. due May 2016] Emir, A., Selwyn's Law of Employment 18 th ed., (OUP) 2014 [19 ed. due April 2016] Honeyball & Bowers', Textbook on Employment Law, 13 th ed., (OUP) 2014 [14 th ed. due April 2016] Lewis, D., & Sargeant, M., Employment Law: The Essentials 13 th ed., (CIPD) 2015 Middlemiss, S. & Downie, M., Employment Law in Scotland, 2 nd ed., (Bloomsbury Professional) 2015 Painter, R. & Holmes, A., Cases and Materials on Employment Law, 10 th ed., (OUP) 2015 Pitt, G., Employment Law 9 th ed., (Sweet & Maxwell) 2014 Smith, I., & Baker, A., Smith & Wood's Employment Law, 12 th ed., (OUP) 2015 Allen, R., Beale, A & Crasnow, R., Employment Law and Human Rights 2 nd ed., (OUP) 2007 Barnard, C., EC Employment Law 4th ed., (OUP) 2012 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 Dorssemont, F., Lurcher, K. & Schumann, I., (eds) The European Convention on Human Rights and the Employment Relation (Hart Publishing) 2013 Fredman, S., Discrimination Law 2 nd ed., (OUP) 2011 Hepple, B., Equality: The Legal Framework, 2 nd ed., (Hart Publishing) 2014 Humphreys, N.,Trade Union Law and Collective Employment Rights 2 nd ed., (Jordan Publishing Ltd ) 2005 McColgan, A., Discrimination Equality and the Law (Hart Publishing) 2014 McLynn, Lucy, Working Time and Holidays: A Practical Legal Guide (OUP) 2010 McMullen, J., Redundancy: The Law and Practice 3 rd ed., (OUP) 2011 Ryley, M., TUPE: Law and Practice 2nd ed., (Jordan Publishing) 2014 Wadham, J., (Editor) et al, Blackstone's Guide to the Equality Act 2010 2 nd ed., (OUP) 2012 Wadham, J., (Editor) et al, Blackstone's Guide to the Human Rights Act 1998 7th ed., (OUP) 2015 British Journal of Industrial Relations Equal Opportunities Review Green's Employment Law Bulletin IDS Employment Law Industrial Law Journal International Journal of Comparative Labour Law and Industrial Relations International Journal of Discrimination and the Law -567 Online sources: www.employmenttribunals.gov.uk <http://www.employmenttribunals.gov.uk> <http://eur-lex.europa.eu> www.bis.gov.uk/policies/employment-matters/rights <http://www.bis.gov.uk/policies/employment-matters/rights> www.acas.org.uk <http://www.acas.org.uk> www.equalities.gov.uk <http://www.equalities.gov.uk> www.equalityhumanrights.com <http://www.equalityhumanrights.com> www.ilo.org <http://www.ilo.org> www.cbi.org.uk/home.html <http://www.cbi.org.uk/home.html> www.tuc.org.uk/ <http://www.tuc.org.uk/> www.legislation.gov.uk <http://www.legislation.gov.uk> www.cipd.co.uk <http://www.cipd.co.uk>

Transferrable Skills

By the end of this module students will have gained competence in the following key areas: 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; solving well defined (typically hypothetical) problems through essay, seminar workshops and group work; Delivering the presentation of group arguments within the seminar workshops. 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 seminar workshops; consolidating material delivered at lectures; supplementing delivered material with additional reading; reflecting on lecture 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 formulating repository entry and abstract using appropriate legal terminology and recognised methods of citation and reference; contributing in seminar workshops including presentation of group findings; 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: preparation for seminar workshops and production of assessed coursework which will require retrieval of information using electronic sources; production of assessed written work in a word-processed format; Posting of Article with permanent URL within Repository on GCU Learn; Interaction with others in groups during seminar workshops.

Module Structure

Activity Total Hours
Lectures (FT) 14.00
Assessment (PT) 40.00
Assessment (FT) 40.00
Lectures (PT) 14.00
Seminars (PT) 22.00
Independent Learning (PT) 74.00
Independent Learning (FT) 74.00
Seminars (FT) 22.00

Assessment Methods

Component Duration Weighting Threshold Description
Coursework 1 0.00 100.00 50% Essay (3,000 words) incorporating requirement to submit Article Repository post relevant to topic. Week 13.