This module considers key stages in the life cycle of the employment relationship, and employment contracts, following formation and inception. Consideration is given to management power and its use as a means of achieving the objectives of the organisation, while at the same time examining strategies which can assist organisations avoid or minimise risk arising from potential legal liabilities and wider ‘costs’ and on-costs.

After looking at key aspects like expectations of the workforce’s ‘co-operation’ in the attainment of the organisations aims and objectives, but balanced by mutual obligations to maintain trust and confidence (and otherwise comply with a range of mainstream employment and equalities laws), the major themes of workplace change, discipline, and dismissal (including economic dismissal) are examined. A sharp focus is on the legal framework which facilitates or constrains workplace change, whether affecting particular individuals or wider-ranging workforce restructuring. Attention is given to the importance of consultative processes, and the law’s and HR practitioners’ recognition of the importance of good practice, dialogue, and ‘process’ - for example when introducing changes in working methods, flexible working, staff/management de-layering, transfers, etc.

Particular attention is given to:
• Express powers/rights in the individual contract and collective agreements and procedures
• Bateman clauses, with a critical examination of their value and limitations
• The role of implied duties as both facilitator/enabler and as a constraint on the right to manage and direct the staff resource
• The difficulties associated with the introduction of flexible working, and transitions to different forms of employment contract (such as on-call and zero hours contracts)
• The power to dismiss at Common Law: Wrongful Dismissal – employer’s powers, employee’s rights, and remedies
• Dignity at work and empowerment discourses
• The statutory regulation of dismissal: Unfair dismissal, including the framework in the Employment Rights Act 1996, Trade union & labour Relations (Consolidation) Act 1992, procedural requirements , ACAS and Polkey requirements, and the band of reasonable responses approach to determining ‘fairness’
• Redundancy and economic dismissals
• Acquired rights, the regulation of ‘transfers’ by the TUPE regulations, and their impact on workforce restructuring and reorganisation
The impact of equalities and anti-discrimination law on the right to manage, direct, and re-organise the staff resource

The module uses a blended learning approach to delivery and independent study. Content will be delivered using a combination of concentrated face-to-face sessions combined with technology enhanced learning which will involve the use of the Blackboard virtual learning environment (VLE). There will be a selection of learning activities which may include use of: online materials and guided reading, podcasts, use of video and recording clips, online discussion boards, blogs and wikis. Students will also have the opportunity to interact using social media.
The early stage of the module will use a range of activities to ensure that students understand the technology used and will also facilitate online socialisation through appropriate guidance and induction exercises. The module will split the content into appropriate subject learning units and a range of content will be organised in the VLE using a common structure of content folders. Students will engage with the content asynchronously at a time and place which suits their learning and external commitments. Students will be supported with clear guidance as to how to use the material and its relevance to the intensive face-to-face sessions.

There will also be the opportunity for students to consult with tutors on a face to face basis, via email, via telephone or through other electronic means such as online discussion, blog comments or other social media.

Where appropriate assessment will take place via submission to the VLE.

Assessment of this module is as follows:
• Mark for seminar preparation, participation, contribution (SPPC) informed
by seminar journal entries (30%) assessing Learning Outcomes 1-4
• Research-Informed Coursework Assignment: Length 3500 words (based on workplace-related legal tasks) (70%) assessing Learning Outcomes 1-4

Access to Blackboard VLE
Access to Internet
Access to University and Law Library's Online Electronic Resources, including general and specialist data bases, and on-line UK, EU, and ECHR sources

Essential Text
Deakin, S & Morris, G (2012), Labour Law, Hart Publishing (6th ed) or
Collins, P, Ewing, K, McColgan, A (2012), Labour Law, Cambridge University Press

Additional (Not Essential)
Sargeant, M (2013) Discrimination and the Law, Routledge
Bratton, J and Gold, J (2012) Human Resource Management - Theory and Practice, Palgrave MacMillan (including web-site companion with the 5th and later eds, interviews with HR managers, analysis of real-world issues)
Edwards, P (2003) (Ed) Industrial Relations Theory and Practice, Blackwell (2nd ed)
Gennard, J, and Judge, G (2010) Managing Employment Relations, CIPD Publishing

Journals
Industrial Law Journal
Equal Opportunities Review
HR Review (including Employment Law as well as HR articles)
Employee Relations
British Journal of Industrial Relations
Employee Relations

Other
ACAS, EHRC, CIPD, and other web-based sources and materials as advised

NB Later editions of texts should be acquired as they become available

1. Demonstrate knowledge and critical understanding of the operation and workings of the employment relationship and the legal framework governing workplace change.
Knowledge and Understanding
Learning

2. Understand the way the legal regime, including individual and collective labour law, recognises the right to manage and the ‘management prerogative’ but also sets limits on this.
Knowledge and Understanding
Learning

3. Appreciate the way the law, including common law, UK statute law, EU law, and ECHR/EU Charter Law regulates employers’ ability to discipline and dismiss.
Knowledge and Understanding
Learning

4. Demonstrate ability to undertake enquiry deploying established techniques of research, analysis, and relevant enquiry-related skills, using a range of sources and systems (including it enabled systems and tools), and to critically evaluate arguments and assumptions, make judgments, and communicate the results effectively.
Enquiry
Analysis
Reflection
Communication