Employment Law in Practice Postgraduate Certificate/Diploma/LLM

Module LA0315 - Terminating the Employment Relationship

(20.00 Credits)

SYNOPSIS OF MODULE

The aim of the module is to introduce students to the law as it relates to the termination of the employment relationship.

Initially the students will consider how a contract of employment can be terminated and the consequences.

Then we will address the consequences of terminating the contract at common law, focussing on justifiable and wrongful dismissal, summary dismissal and remedies.

A significant part of the module will concentrate on the law relating to unfair dismissal. Consideration will be given to who qualifies for the right to claim unfair dismissal. We will move on to consider when there is a dismissal under statute and what the reason for the dismissal is; highlighting automatically unfair reasons for dismissal and potentially fair reasons. In depth consideration will be given to how employers can avoid a finding of unfair dismissal and emphasis will be placed on how to achieve compliance with the statutory disciplinary and grievance procedures and the ACAS Codes of Practice and case law. We will then address remedies for unfair dismissal.

Consideration will be given to contractual provisions which might be relevant when terminating the employment relationship, such as restraint of trade provisions and pay in lieu of notice clauses. We will also address the rights and obligations of both employer and worker during the notice period.

Finally we will consider the settlement of potential claims arising on termination of the employment relationship.

The module is taught on a distance learning basis with the provision of comprehensive learning materials, the opportunity for students to obtain formative feedback via the e-learning portal and submission of a practice assessment and summative assessment by way of a written assignment.



INDICATIVE READING LIST

Smith I and Thomas G, Smith and Wood’s Employment Law 9th Edition Oxford 2007
Selwyn N, Selwyn’s Law of Employment, 15th Edition, Oxford 2008



OUTLINE SYLLABUS

The module considers:-

• Introduction to the area
• Termination of a contract and the consequences at common law and statute
• Common law
o Wrongful dismissal
o Summary dismissal
o Remedies
• Statutory protection
o Qualifying to claim unfair dismissal
o Types of dismissal, e.g. actual and constructive dismissal
o Reason for dismissal
o Fairness of dismissal
o Remedies
• Statutory and other provisions relating to disciplinary and grievance procedures and drafting issues
• Contractual considerations when terminating the contract
o Restraint of trade provisions, etc
o Rights and obligations during notice
• Settlement of potential claims arising on termination of the contract
o The role of ACAS
o Compromise Agreements


AIMS OF MODULE

1. To develop an appreciation of the ways a contract of employment can be terminated and the legal consequences

2. To consider the consequences of termination at common law and the remedies available.

3. To develop an understanding of the statutory protection from unfair dismissal. In particular students should develop an awareness of issues relating to: who qualifies for the right to claim unfair dismissal, when there is a dismissal under statute and what the reason for the dismissal is, how a Tribunal will address whether the dismissal will be fair and the remedies available in the event of an unfair dismissal.

4. To facilitate an understanding of the application of the relevant law and guidance to the practical management of terminating the employment relationship.

5. To explore contractual considerations when terminating the employment relationship.

6. To develop an appreciation of the ways in which common law and statutory claims relating to termination of employment can be settled.



LEARNING OUTCOMES

By the end of the module, successful students should:

1. Be able to demonstrate an in-depth understanding and critical awareness of the statutory and common law protection for workers when his or her contract is terminated.

2. Be able to appreciate the different ways in which a contract of employment can be terminated and whether or not it gives rise to a dismissal under statute.

3. Have a critical awareness of the concepts of justifiable, summary and wrongful dismissal and the damages available in relation to the latter.

4. Be able to demonstrate a sound understanding of the case-law and legislative provisions relating to unfair dismissal.

5. Have a critical awareness of the statutory and other provisions which relate to grievance and disciplinary issues.

6. Be able to identify relevant contractual considerations when terminating the employment relationship.

7. Have a critical awareness of the ways in which claims arising on termination of the employment relationship can be settled and the factors which influence any settlement.

8. Be able to demonstrate in-depth understanding of the importance of implementing workplace procedures in relation to the termination of the employment relationship and to consider the drafting of such procedures.

9. Have an ability to use advanced legal research techniques and methodology to identify, locate and retrieve a range of further legal resource materials using paper and electronic sources.

10. Be able to critically analyse the law, legal issues and policies affecting the termination of the employment relationship and present coherent and accurate legal arguments on those issues.

11. Be able to accurately and coherently apply the law relevant to the termination of the employment relationship.

12. Be able to reflect upon the application of knowledge and understanding within a practical context and in particular an experience in practice.

13. Be able to present legal information clearly, accurately and in an appropriate style.



PREREQUISITES


COREQUISITES


DISTANCE LEARNING DELIVERY

• Students will receive a hard copy workbook and associated textbook(s) and where necessary supplementary materials
• In addition the materials will be made available via the e-learning portal and students will have the ability to hypertext link to online data
• Students will be provided with access to online databases
• Students will have access to the university library and the library’s services for distance learning students
• Students will be given the names of their tutors and support staff to contact (by email and telephone) in relation to the module
• Students will have the opportunity to communicate via the e-learning portal




LEARNING, TEACHING AND ASSESSMENT STRATEGY

Distance Learning material is provided in the form of a textbook and a workbook. The workbook is available both as a hard copy and as an electronic copy, with hyperlinks to a range of internet sources including databases to which the law school subscribes. Supplementary hard copy materials are provided as appropriate. Students are also provided with self-test scenarios, the answers to which are available on the e-learning portal. Students will be able to take part in a multiple choice test via the e-learning portal. Students are encouraged to attend a study day and to submit a practice assessment. The distance learning materials are supported by use of the e-learning portal, which provides links to documentation and updates on the law, as well as providing an opportunity for student/staff discussion.

Summative assessment:
The module is assessed by means of a written answer (of no more than 3000 words) to a practical problem or problems, which will require students to consider the relevant law and its application, and structure their answer in a coherent manner. Students having to re-sit will be assessed by the same means – a written answer to a practical problem or problems of no more than 4000 words.

Formative assessment:
Students are provided with self-test scenarios and multiple choice questions, the answers to which are available on the e-learning portal. Students are offered the opportunity to submit a practice assignment.



IMPLICATIONS FOR CHOICE

Employment Tribunal Practice and Procedure

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