LA0836 - EMPLOYMENT LAW

SYNOPSIS OF MODULE

This module is one of the electives available to students during Stage 2 of the Legal Practice Course and forms part of the General Practice Route elective group. The aim of the module is to introduce Legal Practice Course students to four essential areas of employment law:

1.The employment relationship, the contract of employment and the statutory rights that arise during the course of employment
2.The main statutory and common law rights that arise when the employment relationship is terminated
3.Unlawful discrimination legislation
4.The practice and procedure of the Employment Tribunal

On completion of the General Employment Law module students should have a sound understanding of the principal areas of individual employment law, practice and procedure.

The module is delivered by a combination of large group sessions, small group sessions, directed and independent learning. The module is assessed by examination.

SYNOPSIS OF MODULE

This module is one of the electives available to students during Stage 2 of the Legal Practice Course and forms part of the General Practice Route elective group. The aim of the module is to introduce Legal Practice Course students to four essential areas of employment law:

1.The employment relationship, the contract of employment and the statutory rights that arise during the course of employment
2.The main statutory and common law rights that arise when the employment relationship is terminated
3.Unlawful discrimination legislation
4.The practice and procedure of the Employment Tribunal

On completion of the General Employment Law module students should have a sound understanding of the principal areas of individual employment law, practice and procedure.

The module is delivered by a combination of large group sessions, small group sessions, directed and independent learning. The module is assessed by examination.

INDICATIVE READING LIST OR OTHER LEARNING RESOURCES

Reading
Main Text
James Holland and Stuart Burnett: Employment Law, Legal Practice Course Guide, Oxford

Supplementary Reading
Harvey on Industrial Relations and Employment Law Lexis Nexis Butterworths

E-Learning Portal Site and Materials
A range of materials to support both large and small group sessions and to facilitate directed learning will be provided via the General Employment Law e-learning portal site

INDICATIVE READING LIST OR OTHER LEARNING RESOURCES

Reading
Main Text
James Holland and Stuart Burnett: Employment Law, Legal Practice Course Guide, Oxford

Supplementary Reading
Harvey on Industrial Relations and Employment Law Lexis Nexis Butterworths

E-Learning Portal Site and Materials
A range of materials to support both large and small group sessions and to facilitate directed learning will be provided via the General Employment Law e-learning portal site

OUTLINE SYLLABUS

The module considers:

Element 1: The employment relationship, the contract of employment and the statutory rights that arise during the course of employment

1. The different category of worker (typical and atypical) and how to distinguish between a contract of service, a contract for services and other forms of engagement in a business
2. The construction of a contract of employment, the statutory controls on its contents and its operation
3. The review and/or drafting of key clauses in the contract of employment and offering advice on their effect
4. Continuity of employment and the consequences for the business and the rights of its employees when continuity is threatened by a business sale or when services are contracted out

Element 2: Statutory and common law rights arising on termination

1. The consequences at common law and under statute of terminating the employment relationship
2. The consideration and review of disciplinary and grievance procedures
3. The consequences of business re-organisation including TUPE and redundancy situations
4. The appropriate remedies available when the employment relationship is terminated

Element 3: Unlawful Discrimination

1. The statutory and case-law framework in relation to equality and diversity in an employment context and the impact of the legislation during recruitment, employment and termination of the employment relationship
2. Analysis and review of contractual documentation and policy and implementing workplace procedures which support and reflect the various discrimination laws
3. The remedies available to employees claiming discrimination

Element 4: Tribunal Practice and Procedure

1. The ability to draft, review and critically analyse tribunal documents including the claim form and response form
2. The development of an understanding of the case management procedures in the tribunal and the mechanism for making applications to the tribunal and being able advise the client when such applications are appropriate
3. The settlement options in relation to a number of different claims assessing the financial risks for the client
4. An appreciation of the oral presentation and advocacy skills required to present an element of the client’s case at tribunal

OUTLINE SYLLABUS

The module considers:

Element 1: The employment relationship, the contract of employment and the statutory rights that arise during the course of employment

1. The different category of worker (typical and atypical) and how to distinguish between a contract of service, a contract for services and other forms of engagement in a business
2. The construction of a contract of employment, the statutory controls on its contents and its operation
3. The review and/or drafting of key clauses in the contract of employment and offering advice on their effect
4. Continuity of employment and the consequences for the business and the rights of its employees when continuity is threatened by a business sale or when services are contracted out

Element 2: Statutory and common law rights arising on termination

1. The consequences at common law and under statute of terminating the employment relationship
2. The consideration and review of disciplinary and grievance procedures
3. The consequences of business re-organisation including TUPE and redundancy situations
4. The appropriate remedies available when the employment relationship is terminated

Element 3: Unlawful Discrimination

1. The statutory and case-law framework in relation to equality and diversity in an employment context and the impact of the legislation during recruitment, employment and termination of the employment relationship
2. Analysis and review of contractual documentation and policy and implementing workplace procedures which support and reflect the various discrimination laws
3. The remedies available to employees claiming discrimination

Element 4: Tribunal Practice and Procedure

1. The ability to draft, review and critically analyse tribunal documents including the claim form and response form
2. The development of an understanding of the case management procedures in the tribunal and the mechanism for making applications to the tribunal and being able advise the client when such applications are appropriate
3. The settlement options in relation to a number of different claims assessing the financial risks for the client
4. An appreciation of the oral presentation and advocacy skills required to present an element of the client’s case at tribunal

AIMS OF MODULE

This elective aims to provide students with:

1. An understanding of the law and practice involved in the principal areas of individual employment law and be able to apply that knowledge in a variety of settings.
2. An appreciation of the main statutory and common law rights that arise when the employment relationship is terminated, transferred or re-organised
3. A knowledge and understanding of the unlawful discrimination legislation and understand the implications of failing to recognise discriminatory practices in the workplace
4. An appreciation of the practices and procedures of the Employment Tribunal in relation to a number of different claims

The elective is also designed to enable students to further develop skills acquired during Stage 1 including:
practical legal research skills and drafting skills;
interviewing, advising and negotiation skills;
oral presentation and advocacy skills in employment work; and
an appreciation of risk management and the financial constraints on clients in the employment relationship and how that influences the work of a solicitor

AIMS OF MODULE

This elective aims to provide students with:

1. An understanding of the law and practice involved in the principal areas of individual employment law and be able to apply that knowledge in a variety of settings.
2. An appreciation of the main statutory and common law rights that arise when the employment relationship is terminated, transferred or re-organised
3. A knowledge and understanding of the unlawful discrimination legislation and understand the implications of failing to recognise discriminatory practices in the workplace
4. An appreciation of the practices and procedures of the Employment Tribunal in relation to a number of different claims

The elective is also designed to enable students to further develop skills acquired during Stage 1 including:
practical legal research skills and drafting skills;
interviewing, advising and negotiation skills;
oral presentation and advocacy skills in employment work; and
an appreciation of risk management and the financial constraints on clients in the employment relationship and how that influences the work of a solicitor

LEARNING OUTCOMES

On completion of the General Employment Law elective, students should be able to:

1. Demonstrate an understanding of the principal areas of individual employment law, practice and procedure and appreciate the inter-relationship between common law and statutory claims and their respective remedies and apply that knowledge accurately and effectively in a variety of settings.

2. Identify the client’s objectives and appreciate the relative bargaining strength of the parties involved in the employment relationship and the negotiation of the contract of employment and be aware of the financial and legal constraints and priorities involved in the negotiation of that relationship and the legal framework that supports it.

3. Draft and review employment contracts, policies and tribunal documents including the claim form and response form; drawing upon appropriate precedents.

4. Manage and perform the steps required to advance a case at tribunal, including bringing a claim, responding to that claim, exploring settlement opportunities and identifying alternative means of achieving the client’s goals. In particular, the elective encourages students to consider the costs, benefits and risks involved in bringing a tribunal claim.


5. Develop their awareness and understanding of the professional responsibilities and obligations of solicitors through the application of the Solicitor’s Code of Conduct by recognising and acting within the relevant rules of professional conduct when advising on aspects of the employment relationship.

LEARNING OUTCOMES

On completion of the General Employment Law elective, students should be able to:

1. Demonstrate an understanding of the principal areas of individual employment law, practice and procedure and appreciate the inter-relationship between common law and statutory claims and their respective remedies and apply that knowledge accurately and effectively in a variety of settings.

2. Identify the client’s objectives and appreciate the relative bargaining strength of the parties involved in the employment relationship and the negotiation of the contract of employment and be aware of the financial and legal constraints and priorities involved in the negotiation of that relationship and the legal framework that supports it.

3. Draft and review employment contracts, policies and tribunal documents including the claim form and response form; drawing upon appropriate precedents.

4. Manage and perform the steps required to advance a case at tribunal, including bringing a claim, responding to that claim, exploring settlement opportunities and identifying alternative means of achieving the client’s goals. In particular, the elective encourages students to consider the costs, benefits and risks involved in bringing a tribunal claim.


5. Develop their awareness and understanding of the professional responsibilities and obligations of solicitors through the application of the Solicitor’s Code of Conduct by recognising and acting within the relevant rules of professional conduct when advising on aspects of the employment relationship.

PREREQUISITES

NONE

Course info

Credits 1

Level of Study Postgraduate

Mode of Study 2 years part-time
1 other options available

Department Northumbria Law School

Location City Campus, Northumbria University

City Newcastle

Start September 2021

Fee Information

Module Information

All information on this course page is accurate at the time of viewing.

Courses starting in 2021 are offered as a mix of online and face to face teaching due to the ongoing Covid-19 pandemic.

We continue to monitor government and local authority guidance in relation to Covid-19 and we are ready and able to flex accordingly to ensure the health and safety of our students and staff.

Students will be required to attend campus as far as restrictions allow. Contact time will increase as restrictions ease, or decrease, potentially to a full online offer, should restrictions increase.

Our online activity will be delivered through Blackboard Ultra, enabling collaboration, connection and engagement with materials and people.

 

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