LW251-6-SP-CO:
Employment Law and Practice
2020/21
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 6
Current
Sunday 17 January 2021
Friday 26 March 2021
15
18 June 2020
Requisites for this module
(none)
(none)
(none)
(none)
(none)
This is a module with a strong practical emphasis. In terms of theory, it examines employment relations including the contract of employment, the employment relationship including its termination, and the application of complex employment law and regulation.
An important component of the module revolves around the operation of the Employment Tribunal: it will look at the practicalities involved in settling workplace disputes and bringing a claim to an Employment Tribunaland communicating with the client regarding their claim.
This module broadly aims:
-To introduce students to the practical application of employment law, the settlement of workplace disputes, the prohibition of discrimination insofar as it relates to the workplace, the termination of the employment relationship, and the requirements of bringing a claim to an Employment Tribunal.
-To explore the express and implied terms of the contract of employment, changes to terms and conditions of employment, changes to staff handbooks, information and consultation.
-To develop students' knowledge of bringing claims before an Employment Tribunal and to develop their skills in drafting tribunal forms and advocacy before a tribunal.
-To place the module in its social, economic, political, historical, philosophical, moral and cultural context. This includes reference to the influence of European directives and case law on the UK.
On completion of this module the students should be able to:
-Critically evaluate the practical application of employment law
.-Critically evaluate the operation of the contract of employment with reference to employment law and the wider social, economic, political, historical, philosophical, moral and cultural context within which employment relations operate.
-Apply skills of drafting and advocacy to a simulated Employment Tribunal claim.
-Critically evaluate the impact of employment law on the recruitment and engagement of employees and atypicalworkers.
The module will provide the student with an understanding of the employer/employee relationship, as well as its social, economic, political, historical, philosophical, moral and cultural context.
An important component of the module revolves around dispute resolution. Therefore, the module will deal with practicalities involved in settling workplace disputes and bringing a claim to an Employment Tribunal and communicating with the client regarding their claim.
The module will enhance students' employability by, inter alia, developing interviewing, negotiation, advocacy, drafting, team working, problem solving, practical legal research, and office skills; as well as applying rules of procedure.
Syllabus
1. INTRODUCTION AND EMPLOYMENT STATUS
This topic will cover the development and sources of employment law as well as the 'personal scope' of employment law. The definition of the employee and the worker will be dealt with before examining flexible forms of employment relationship and the gig economy.
2. THE CONTRACT OF EMPLOYMENT
This topic covers the historical development of the contract of employment. The written particulars of the employment contract will be outlined before exploring the relationship between express and implied terms as well as the incorporation of terms and the variation of the contract.
3. EMPLOYMENT DISPUTE RESOLUTION
Employment dispute resolution is defined broadly for the purposes of this course and covers the role of policy and procedure in effective dispute resolution. This includes the role and procedure of employment tribunals, courts, ACAS and other key employment law institutions as well as the prevention of disputes (eg the role of mediation).
4. TERMINATION OF THE EMPLOYMENT CONTRACT
Topics covered will include the termination of the contract of employment without dismissal, wrongful dismissal, the rules and regulations of unfair dismissal, economic restructuring, redundancy and the transfer of undertakings.
5. EMPLOYMENT TRIBUNAL SKILLS
Maintaining a commitment to teaching the practical aspect of employment law, we will cover the key stages of an employment claim before an Employment Tribunal or the civil courts including issues of jurisdiction, procedural rules and the nature of advocacy in the employment context.
6. OCCUPATIONAL STRESS, HEALTH AND SAFETY
This topic covers the key legal issues raised by occupational stress and health and safety at work, an increasingly important angle of Employment Law.
7. EQUALITY LAW
Equality law is a vast subject and we cannot hope to cover it in its entirety during this course. Particular emphasis will be placed on the distinction between direct and indirect discrimination, outlining the key protected characteristics such as gender, race, disability, religion, gender reassignment. Also covered are harassment, victimisation in the workplace and equal pay.
This module is taught through a mixture of weekly live webinars, pre-recorded videos, and tutorials. Each week, the module teaching team will first produce and make available on Moodle two 25-minute pre-recorded video lectures. The module teaching team will then deliver a weekly live 50-minute webinar in which they further explore key legal concepts and answer your questions about the topics. These lectures and webinars will subsequently be available online through Moodle so that you can re-watch them as part of your independent study. Alongside this, there will be five bi-weekly 50-minute small group tutorials.
The module teaching team will also produce and make available on Moodle short guidance notes. These notes will introduce the material to be covered in thelectures, webinars and required readings. The notes will also contain tips designed both to help you navigate the material to be covered in the lectures and webinars and to equip you to analyse the requiredreadings.
You will be expected to have completed the required readings in advance of your tutorials. Your tutorials will enable you to discuss the material covered in lectures, webinars and the required readings, obtain feedback on your pre-class preparation and deepen your understanding of key concepts.
To help you prepare in the best possible way for your tutorials, you will be completing regular small assessed activities to enable you to reflect upon and track your progress, understand what you are doing well, and give you clear feedback to help you manage your studies and your progress.
- Davies, A. C. L. (©2015) Employment law, Harlow: Pearson Education Limited.
- Cabrelli, David. (2020-07-24) Employment Law in Context, Oxford: Oxford University Press.
- Tallodi, Timea. (2019) How parties experience mediation: an interview study on relationship changes in workplace mediation, Cham: Springer.
- Emir, Astra; Selwyn, Norman M. (2020) Selwyn's law of employment, Oxford: Oxford University Press.
- Honeyball, Simon. (©2016) Honeyball & Bowers' textbook on employment law, Oxford, United Kingdom: Oxford University Press.
- Cunningham, Naomi; Reed, Michael; Legal Action Group. (c2014) Employment tribunal claims: tactics and precedents, London: LAG Education and Service Trust.
- Taylor, Stephen; Emir, Astra. (2019) Employment law: an introduction, Oxford: Oxford University Press.
- Barnard, Catherine. (2012) EU employment law, Oxford: Oxford University Press.
The above list is indicative of the essential reading for the course. The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students. Further reading can be obtained from this module's reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
Essay |
30/04/2021 |
80% |
| Practical |
Written Tutorial Preparation |
|
20% |
Additional coursework information
An employment tribunal submission (ET1 form, written submissions, client letter).
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Dr Timea Tallodi, email: t.tallodi@essex.ac.uk.
Niall O’Connor and Dr Timea Tallodi
Law General Office, 01206 872529, lawugadmin@essex.ac.uk
No
No
No
No external examiner information available for this module.
Available via Moodle
Of 2484 hours, 0 (0%) hours available to students:
2474 hours not recorded due to service coverage or fault;
10 hours not recorded due to opt-out by lecturer(s).
Essex Law School
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