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. [SG1] (Application, Knowledge and Understanding)
3. Recognise and evaluate the scope of the various methods of challenging the law [SG 1 SG 7, SG10,]
(Analysis, Knowledge and Understanding)
4. Identify the client's employment status and distinguish between their statutory and contractual rights [SG1, SG9] (Analysis, 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, SG4, SG5, SG9, SG11) (Analysis, Application, Communication, Enquiry)
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.
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
RESOURCES
PC with access to the internet
Blackboard
LEARNING STRATEGIES
This module is delivered by blended learning using Blackboard VLE contact hours include
Scheduled Learning and Teaching Activities: (70 hours)
20 x 2 hrs - Whole group lecture sessions.
10 hrs - Group/Individual Tutorial sessions to include module/assessment support which may be face to face or virtual
20 hrs - On line Blackboard lectures including interactive exercises and activities,
Guided Independent Study: (230 hours)
60 hours - Preparation for scheduled sessions and follow up
80 hrs - Independent study and wider reading including searching web based resources
90 hrs - Preparation for and completing the assignment
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 presentation accompanied by notes, 1,000 words (LO's 3 and 6, weighted 40%)
Formative Assessment: Discussions and role play will be used in the group sessions to enhance understanding and develop skills, in addition, students will undertake tasks and exercises online. There will be a mock presentation in small groups as a means to reflect on their understanding and allow focussed preparation for their individual assessment. Regular feedback will be given by the module tutor.
Students will submit an assignment plan and detailed feedback on this will be provided.
Web Descriptor
What is the purpose of law? Who makes laws? How? Just some of the questions you will learn the answers to in this module. The content is designed to provide you with an understanding of the basic framework of English Law, how law is made and developed, and how it is then applied today. You will then go on to apply this knowledge in the specific field of employment law. You will learn about the differing Statutory and Contractual Employment Rights a person may have and you will have several opportunities to learn, and develop, key skills in case analysis, case preparation and advocacy before going on to apply these to a case scenario in an assessed, simulated legal setting.