This module not only covers individual matters (such as employment contracts, statutory rights, protection from discrimination and dismissal) but also ‘collective’ employment law (trade unions).
- Employment status:The definitions of employees, workers and self-employed persons and the tests for determining employment status. The rights given to these categories, including the rights of part-time workers, fixed-term employees and agency workers.
- The contract of employment:The requirement for a section 1 statement. Express and implied terms and the ability to vary the contract of employment.
- Statutory employment rights: The national minimum wage and unauthorised deductions from wages. Rules relating to working time.
- The Equality Act 2010: Discrimination and equal pay. The protected characteristics. Prohibited conduct of direct discrimination, indirect discrimination, harassment, victimisation, discrimination arising from a disability, reasonable adjustments and pregnancy and maternity discrimination at work. Occupational requirements and remedies. The gender pay gap, equal pay and the material factor defence.
- Family-friendly rights: The right to antenatal leave, maternity leave and pay, adoption leave and pay, paternity leave and pay, shared parental leave and pay, unpaid parental leave, time off for dependants and flexible working.
- Dismissal: Wrongful dismissal, unfair dismissal and redundancy.
- Impact of EU law: The impact of EU law on the development of UK employment law.
- Trade unions and collective bargaining: What is a trade union? Trade union recognition. The nature and legal effect of collective agreements.
- Individual trade union rights: Trade union membership. Engaging in trade union activities. Unjustified discipline, expulsion and exclusion from membership.
- Industrial action:Strikes and other forms of industrial action. The liability of trade unions and immunity from action.
If you complete the course successfully, you should be able to:
- Explain the main principles and rules which seek to protect employees and workers, both individually and collectively
- Discuss the effect of political, social and economic policies on UK employment law
- Analyse problems faced by employers and employees/workers and determine probable legal outcomes and remedies
- Describe areas of legal reform
- Identify, evaluate and apply the legal rules and concepts regulating employment relationships at both collective and individual levels
- Evaluate the effectiveness of the law in regulating trade unions, individual employment relationships, and equality in the workplace
- Critically read case law and other materials and construct answers to questions set.
3hr 15 mins unseen examination
The essential reading for this course is the subject guide and reading pack provided. The extracts are from:
- Honeyball, S. Honeyball and Bowers' textbook on employment law (Oxford: Oxford University Press, 2016) fourteenth edition [ISBN 9780198748366].