Employment Law

Learning Outcomes

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

• The significance and influence of European Union Law and other international standards on UK employment law.
• The different types of terms and conditions of a contract of employment and differentiate between the different types of termination of a contract of employment and their respective consequences.
• The distinction between categories of workers and the significance that this has on the rights and obligations of workers/employers in a wider political, economic and social context.
• The nature, principles and functions of Employment Law and the main features of its sources and institutions.

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• Identify and critically evaluate key policy issues in wide contexts and position yourself within the policy debate.
• Analyse, synthesise and draw your own conclusions from complex written texts.
• Communicate arguments and viewpoints effectively.
• Apply your knowledge to solve complex problems.

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• Engage with primary sources of Employment Law and use them to develop your own critical perspective on key and controversial aspects of this area of law.
• Conduct independent study and self-directed research to produce a clear, orderly and well-structured presentation or essay in this area of law, demonstrating an awareness of academic integrity.
• Identify gaps and weaknesses in this area of law and contribute to the doctrinal and policy debate on how to address them, taking into account the wider legal, political, economic and social context.
• Solve factual problems and develop reasoned and well-founded answers to essay questions applying your knowledge of this substantive area of law.

This module will introduce you to a number of key aspects of governing the individual employment relationship and the regulation of working life. Throughout the module you will be encouraged to develop a critical understanding of the political, economic and social issues that have shaped the development of this area of law.

The module is split into three inter-related parts:

Part 1 introduces the module, the sources and institutions of employment law and the legal distinction between categories of workers.

Part 2 concerns the contents of the contract of employment, including express and implied terms and conditions.

Part 3 deals with the different forms of termination of employment, including wrongful, constructive and unfair dismissal and a critical analysis of the legal consequences of terminating the contract of employment through these different forms.

Several linking themes will be considered throughout the module, such as the influence of European Union law, the balance of power between employer and employee, and the tension between regulating the employment relationship and leaving discretion to the contracting parties to exercise their own judgements in specific cases.

Teaching methods include:

• 1 x 2-hour lecture per week
• 1 x 2-hour tutorial per fortnight

Learning activities include:

• Analysing primary sources and academic articles
• Preparing in advance for seminars and tutorials
• Actively participating in tutorials
• Working in small groups
• Problem solving
• Essay writing
• Self-directed research
• Group presentations

In view of enhancing your interest and motivation, the teaching team will:

• Make use of media and technology-supported learning and a range of other teaching techniques.
• Refer to topical developments in employment law and related areas.
• Invite guest-speakers, time and location constraints allowing.

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Exam

• Assessment Type: Formative
• Feedback: Each group will receive individual feedback on the mock exam. Furthermore, you will also receive feedback: •On your performance in tutorials (orally). •During seminars (regarding your answers to questions asked during the lecture). •During revision sessions. •During feedback hours. You will also be encouraged to self-assess your progress relying on a range of materials which will be made available on Blackboard.
• Final Assessment: No
• Group Work: No

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.