Module Descriptors
THE CONTRACT OF EMPLOYMENT
LAWS60822
Key Facts
Faculty of Business, Education and Law
Level 6
15 credits
Contact
Leader: Keith Puttick
Hours of Study
Scheduled Learning and Teaching Activities: 27
Independent Study Hours: 123
Total Learning Hours: 150
Assessment
  • ASSIGNMENT weighted at 80%
  • CLASS PARTICIPATION weighted at 20%
Module Details
Module Texts
Holmes, A. and Painter, R.W. (2004). Cases and Materials on Employment Law, 3rd Ed. London: Blackstone Press.
McColgan, A. (2000). Discrimination Law: Text & Materials. Oxford: Hart Publishing.
Painter, R.W. & Puttick, K. (2004). Employment Rights, 3rd Ed. London Pluto Press.

Module Additional Assessment Details
Attendance/contribution to Workshops assessing Learning Outcomes 1 - 8 and 11. (20%)
End of semester 3,000 word assignment assessing Learning Outcomes 1 - 10.

To pass this module, students must achieve a mark of at least 40%. Where a student also takes 'The Law Relating to Discrimination in Employment' in the same academic year, a mark of 35% - 39% in one of these modules may be compensated by the other module, provided the average mark for the two modules is at least 40%
Module Resources
Access to appropriate texts, journals, legislation and case law.
Module Study Guide.
Computing facilities will be needed to access materials available on the web and specialist on-line databases. Specialist software Westlaw and LEXIS
Module Learning Strategies
WHOLE GROUP/LECTURE SESSIONS - these will be used to introduce new topics in the programme, and to disseminate general information. New topics introduced in these sessions will be developed further in the discussions and work undertaken in small-group/workshop sessions. 11 x 2 - hour lectures.

SMALL GROUP SESSIONS/WORKSHOPS - these will be used for developing specific topics and themes introduced in the whole-group/lecture sessions part of the programme. Participants will need to engage in preparatory work prior to these sessions as well as after the sessions (when there is the opportunity to reflect on the work done, and to follow it up with further individual study or collaborative learning activities). The sessions will include exercises in which participants discuss scenarios in which "clients" require advice and/or representation, and are experiencing problems at work or in relation to their workplace rights. The module will require participants to engage in library-based and IT-related research and preparatory work. 5 x 1 - hours small group sessions.

DIRECTED STUDY & SELF_MANAGED STUDY - The emphasis is on independent learning with the major topics being covered by study plans. Small group sessions provide the student with a forum to discuss and analyse the law and issues relating to discrimination. The emphasis in these sessions is on student interaction and techniques such as client interviewing, buzz groups etc. are used. (123 hours).

Total Learning Time = 150 Hours
Module Indicative Content
We consider the employment relationship, and in particular the contracts of employment. Issues covered include:
- the contract's formation, operation, and termination
- employment "status" as a gateway to employment right
- express and implied terms; and "incorporation" of terms, and collective bargaining as a means of shaping the employment bargain
- the duties and responsibilities of employees and employers at common law and by statute, part-time worker's rights
- workplace change, and business reorganisations
- termination of employment, including the two main remedies of wrongful dismissal and unfair dismissal
- redundancy, transfers of employers' undertakings, and insolvency
- EC Law and ECHR human rights aspects of employment.
- Students must understand redundancy and transfer of undertaking system.