Module Descriptors
THE CONTRACT OF EMPLOYMENT AND THE LAW RELATING TO DISCRIMINATION IN THE WORKPLACE (BLOCK TEACHING)
LAWS61007
Key Facts
School of Justice, Security and Sustainability
Level 6
30 credits
Contact
Leader: Keith Puttick
Hours of Study
Scheduled Learning and Teaching Activities: 32
Independent Study Hours: 268
Total Learning Hours: 300
Assessment
  • ASSIGNMENT weighted at 40%
  • CLASS PARTICIPATION weighted at 10%
  • EXAMINATION - UNSEEN IN EXAMINATION CONDITIONS weighted at 50%
Module Details
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. Semester 2 places the emphasis on independent learning, with major topics being covered by study plans supported by the lecture programme (focusing on major issues). (24 hours)

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. This part of the programme will require participants to engage in library-based and IT-related research and preparatory work. Semester 2 small group sessions also provide students with a forum to discuss and analyse the law and issues relating to discrimination. An emphasis in these sessions is on student interaction, and techniques such as client interviewing, buzz groups, etc. (8 hours)

DIRECTED STUDY & SELF_MANAGED STUDY

This will consist of not only preparation for small group sessions but also independent research such as directed in the study guide. Some materials will be provided to facilitate this research. However students will be expected to carry out a significant amount of research via further reading and the web.
(268 hours)

Total Learning - 300 Hours
Module Resources
Access to appropriate texts, legislation and case law.
Module Study Guides
Computing facilities will be needed to access material available on the web and specialist on-line databases.
Westlaw
LEXIS
Module Texts
Painter, R.W. & Puttick, K. , with Holmes, A. (2003). Employment Rights, 3rd Ed. Pluto Press, London.
Holmes, A. and Painter, R.W. (2004). Cases and Materials on Employment Law, 3rd Ed. Blackstone Press, London.
McColgan, A. (2000). Discrimination Law: Text & Materials. Hart Publishing, Oxford.
Module Additional Assessment Details
50% of the total assessment is based on Semester 1 work, with assessment as follows :
1. Attendance/contribution to semester 1 workshops (10%). Learning Outcomes 4 and 7
2. End of semester 1 2,500 word assignment (40%). Learning Outcomes 1-4, and 7-9
3. End of semester 2 pre-seen 2 hour examination (50%). Learning Outcomes 5-9. (The 2 hour pre-seen exam has one compulsory problem question worth 25% overall mark and a choice of 1 out of 4 essay questions worth 25% overall mark)


Optional oral assessment to replace the semester 1 written assignment at the student's request and following guidance from the Module Leader (50%). Learning Outcomes 5 - 9.

To pass this module, students must obtain a mark of at least 40%.
Students must obtain at least 25% in both the assignment and pre-seen examination elements of the module.
Module Indicative Content
In the first part of the programme 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
- EU Law and ECHR human rights aspects of employment.

In the second part the focus is on providing an understanding of:

- causes and effect of discrimination in the workplace
- a study of the Equal Pay Act 1970 and its code of practice
- the discrimination statutory provisions: SDA 1975, RRA 1976, DDA 1995 and relevant codes of practice.
- sexual orientation
- ageism
- other statutory provisions and codes of practice