LPC

Study Unit Specifications (Elective Subject)

Code: UJXTT4-10-M

Title: Employment Law

Version: 2

Level: M-level

UWE credit rating: 10

ECTS credit rating: 5 Module Type: Non-MAR

Owning Faculty: Social Sciences and Humanities

Field: n/a Field Leader: n/a

Valid From: September 2008 Discontinued from:

Contributes towards: Postgraduate Diploma in Legal Practice

Pre-requisites: none

Co-requisites: none

Excluded combinations: none

1. Rationale:

As with all study units on the programme, the rationale is to prepare the student for the first day of work as a professional lawyer (i.e. as a new trainee solicitor in a firm of solicitors). In the case of this unit this could be in a range of environments from a small high street firm to a large city practice, or in-house within a commercial organisation.

2. Learning outcomes:

On completion of the module students are expected to be able to (at a professional level):

2.1 understand the common law and the statutory framework (including the impact of European legislation) that underpins the practice of employment law;

2.2 formulate advice to deal with issues arising from an employment contract (including the identification, construction and variation of principal contractual terms, restraint and confidentiality provisions and the termination of employment contracts);

2.3 appreciate the major statutory claims regimes of unfair dismissal, redundancy, discrimination and claims arising on the transfer of undertakings;

2.4 advise on the common law and statutory claims considered and to formulate and critically evaluate appropriate approaches to dealing with such claims including the overlap between different claims (particularly in relation to compensation and other remedies available); and

2.5 use research and enquiry techniques to access, interpret, critically evaluate and apply relevant knowledge.

3. Syllabus outline:

The module considers the main terms of employment contracts and the principle common law and statutory claims that an employee may have against an employer (and that an ex-employer may have against an ex-employee). The module also identifies the role of solicitors advising employer or employee clients in respect of various employment claims. In particular, students will consider:

3.1 Terms and conditions of employment contracts

- Sources of terms and the process of incorporation

- Express and implied terms

- The effect of statute on terms

- Drafting contracts of employment

- Methods of and consequences of variation of terms

3.2 Termination of the contract

- Methods of termination

- Dismissal

- Relationship between variation and termination of contract

3.3 Wrongful dismissal

- Notice entitlements

- Justification for termination without notice

- Fixed term contracts

- Jurisdiction

- Remedies

3.4 Unfair Dismissal

- Relationship with wrongful dismissal

- Qualifying for the right

- The 5 potentially fair reasons

- Fairness in all the circumstances and the importance of procedures

- Bringing and defending a claim: the burden of proof

- Negotiation and settlement

- Remedies available in the Employment Tribunal

- Preventive measures: disciplinary procedures, good employment
relations in practice.

3.5 Redundancy

- Statutory definition and judicial interpretation

- Relationship with unfair dismissal

- Selection and consultation criteria

- Remedies

3.6 Discrimination

- Forms of discrimination (Race, sex and disability)

- Bringing and defending a claim

- Burden of proof issues

- Compensation and other remedies

3.7 Employment Tribunal Practice and Procedure

- Preparing to bring or defend a case

- The Rules of Procedure

- Evidence

- Role of ACAS

- Negotiation and settlement

3.8 Restraint of Trade

- Meaning of ‘restraint’ and drafting objectives

- Forms of drafting

- Protection of proprietary rights and the concept of reasonableness

- ‘Garden leave’ clauses

- Overlap with dismissal claims

3.9 Confidentiality

- Definition of confidentiality

- Implied and express terms

- Drafting requirements

- Protection during and after employment

- Injunctions

4. Teaching & learning methods:

The Employment Law elective includes the following teaching and learning methods:

- use of case studies and other practical factual scenarios

- individual and / or group work to identify relevant legal, practical and
commercial issues arising from factual scenarios / transactions

- individual and /or group presentations

- simulations or ‘mock’ negotiations

- preparation of memos to (notional) ‘colleagues’ within an office environment

- writing letters of advice to (notional) clients

- drafting (or amending) a statement of employee terms, employment contract
documentation and a settlement agreement arising from a potential claim

- drafting (or amending) relevant employment tribunal documentation

5. Indicative sources:

- Oxford University Press LPC manual on employment law

- Blackstone’s Press Employment Law Statutes

- students are also referred to relevant case law and asked to read a certain number of
cases ( in particular in relation to restraint of trade and confidentiality)

- students are also encouraged to familiarise themselves with practitioner manuals
such as Harveys. Students have access to Harveys and IRLR reports through Lexis.

6. Assessment Infrastructure:

One 3 hour unseen open book examination (with an additional 30 minutes reading time)

The examination constitutes 100% of the marks for the study unit. The pass mark is 50%.

Second and final attempts: Re-assessment is by the same method as detailed above. See Assessment Regulations for further details.

Specification confirmed by ........................................ Date ............ February 2004

(Associate Dean, Faculty of Law)