LEARNING OUTCOMES
1. Demonstrate an understanding of the basic elements of the english legal system, and its processes and procedures [SG 1] (Knowledge and Understanding)
2. Demonstrate an understanding of the rules governing how law is made and applied in the english legal system, with particular reference to the social welfare sector. [SG 1] (Application, Knowledge and Understanding)
3. Recognise and evaluate the scope of the various methods of challenging the law [SG 1, SG7, SG10]
(Analysis, Knowledge and Understanding)
4. Identify the client's employment status and distinguish between their statutory and contractual rights [SG1, SG9] (Analysios, Knowledge and Understanding, Learning)
5. Demonstrate a working knowledge of legal rights of termination of employment [SG10]
(Knowledge and Understanding, Problem Solving)
6. Research and use legal materials in order to prepare a case for presentation in a legal setting. [SG1, SG9, SG4, SG5, SG11] (Analysis, Application, Communication, Enquiry)
TEXTS
Lewis T. [2011] Employment Law 9TH Ed LAG
Lockton D., [2011] Employment Law 8th Ed Palgrave MacMillan
Partington M (2012) Introduction to The English Legal System, 3rd edition, Oxford University Press
Slapper G and Kelly D (2012-13) The English Legal system (13th Edition), Routledge Cavendish
ADDITIONAL ASSESSMENT DETAILS
Intellectual skills will be encouraged by interactive whole group and small group sessions where key issues will be explored, to ensure students have a firm grasp of the main themes of the module. Guided reading will help to consolidate students' learning and understanding. These skills will be formally assessed in the assignment.
Communication skills will be developed both orally and in writing: students will participate in whole group and small group discussions and exercises, the assessment will test both written and oral communication skills.
1. An essay of 2000 words (LO's 1, 2 and 3 weighted 60%)
2. A case submission 1000 words (LO's 3 and 6 weighted 40%)
Additional Assessment Details / formative feedback:
Formative Assessment: There will be on line discussions and case study exercises, the tutor will give both group and individual feedback on these.
Students will submit an assignment plan and detailed feedback on this will be provided.
INDICATIVE CONTENT
This module is designed to provide students with the basic framework of English Law in its historical context and explain how law is developed, made and then applied today. It then moves on to apply this knowledge in the specific field of employment law. Topics to be covered conform to National Occupational Standards for legal advice SFJDA7 and SFJIB15
Topics include:
- The nature of English Law - this sets out the historical context and a broad description of the different areas of law.
- The Court Structure
- Tribunals, public inquiries, and ombudsmen - a more detailed section on the decision making bodies of administrative law.
- Sources of law this section includes legislation, delegated legislation case-law precedent and European law. There is a section on how to find sources on-line and in law libraries.
- Alternative dispute resolution - this section looks at other means of resolving disputes such as arbitration, mediation and conciliation.
- Access to justice - this section covers the Woolf reforms, funding for legal services and legal aid
- Introduction to Contract Law
- Identifying a client's employment status
- Statutory and Contractual Employment Rights - written particulars, equal pay, maternity and paternity rights, deductions from wages, sick pay,
National Minimum Wage, holiday entitlements, working hours, health and safety, trade union rights, the right not to be discriminated against (race,
sex, disability)
- Rights on losing a job- statutory notice of dismissal, written statement of reasons for dismissal, wrongful dismissal, unfair dismissal (including
constructive dismissal), redundancy, dismissals related to a transfer of undertaking
- Enforcing rights while employed- express terms, implied terms, collective agreements, custom and practice, variation of terms, breach
- Enforcing rights at the end of employment- the roles of ACAS, EHRC, and the jurisdiction and
remedies available from the Employment Tribunals and County Court
- Presentation skills - this section will give some guidance on how to present a case in a legal setting.
LEARNING STRATEGIES
This is a distance learning award, and the Blackboard VLE will provide a structured framework for the delivery of this module.
Scheduled Learning and Teaching Activities: (5 hours)
2 hours Telephone tutorials with the tutor
3 hours Scheduled discussion boards
Guided Independent Study: (295 hours) This will be made up of:
Preparation for tasks and online discussions and seminars; Wider reading including exploring additional sources of information, (particularly web based), updating their knowledge in line with developments and changes
Reading study materials, asynchronous online seminars, interactive tasks
Preparation for and completing the assignment
RESOURCES
PC with access to the internet
Blackboard