Module Guide (3)

University of Hertfordshire 1

INDIVIDUAL EMPLOYMENT LAW MODULE GUIDE 2015

1 Module Code 5LAW1003

2 Title of Module:-

Full: INDIVIDUAL EMPLOYMENT LAWShort: EMPLOYMENT LAW (INDIV)

3 Version 1

4 Credit Points 15

5 Level 2

6 Law School

Module leader: - Dr. Ernestine Ndzi: E-mail: [email protected]

Room - R038 – School of Law, Ground Floor, De Havilland Campus.

Tel. ext 3228

Law School Office: ground floor, De Havilland Campus tel: (01707) 286200

7 Module Aims

To enable students to - analyse and evaluate the legal rights and duties of employers and employees understand the importance of European and English Law in regulating

aspects of the modern employment relationship discover the law relevant to issues arising in the work place

8 Learning Outcomes: Knowledge and Understanding

Successful students will typically… apply the law governing equal pay for women and men to a hypothetical

problem (A1) understand the procedure for initiating a claim at an Employment Tribunal

(A2)

9 Learning Outcomes: Skills and Attributes

Successful students will typically… apply academic law to real or hypothetical questions (B1) produce appropriately structured answers to essay and /or problem

questions (B2) cite legal sources correctly (B3)

10 Skills Development

Written communicationLegal analysisResearch and study skillsProblem solving Presentation skills

Business School Individual Employment Law 2013/2014

mailto:[email protected]


11 Module Content

The module provides an introduction to a range of aspects of individual employment law. It analyses the rights and duties of employers and employees, and examines the role of the law in regulating the employment relationship. The introductory topics are the sources from which labour law is derived, the institutions in which it is administered, and the significance and content of the contract of employment. The substantive topics covered by the module are equal pay, legislation prohibiting discrimination on the grounds of sex and race; family friendly rights; wrongful dismissal, unfair dismissal and redundancy. The final topic considers how a case might be brought to an Employment Tribunal. The module is taught as academic law, but seminar questions and suggested outline answers are designed to help students see the practical relevance of the subject.

12 Assessment Details

a) 70% exam (2 hours). Students are required to answer 3 questions out of 6.b) 30% coursework, (1 item)c) Students must pass both the coursework and the exam

13 Assessed Coursework

a) The assignment will comprise a problem question covering one or more topics covered by the module. This work is to be completed individually. The coursework will be available via StudyNet.

b) Please refer to the Plagiarism and Collusion Regulations and Guidelines in the Student Handbook.

c) The work is to be submitted by Midnight on Friday 20th March 2015

d) Hand in Arrangements:

Students should use no more than ONE THOUSAND FIVE HUNDRED [1500] WORDS for their answer. NOTE THAT the administrative pages (identifying the student, subject and so forth) and the bibliography ARE IN ADDITION TO THESE 1500 WORDS. Where a student exceeds this number of words by more than 10% they will receive a MAXIMUM MARK OF 40%.

Late penalties apply. Your assignment must be submitted electronically via Studynet and by the assignment deadline. If it is late without an extension the maximum awarded will be 40%.

e) Weighting in module: 30%.

f) Assessment Criteria: Your work will be graded taking into account the learning outcomes for the assessment and the assessment criteria set out below.

g) Extensions are available only in exceptional circumstances, and requests must be made in advance of the hand-in date. Where illness is put forward as being the extenuating circumstance this must be supported by independent evidence from a



doctor or other appropriate professional. Financial difficulties will not be regarded as extenuating circumstances to justify extension of a deadline, neither will computer crashes or disc errors.

Requests for extensions must be made to the Module Leader, who will advise the correct procedure to be followed.Coursework submitted late, without prior arrangement, will receive the following penalties:

up to one calendar week late a maximum of 40%more than one calendar week late 0% - not accepted in any circumstances.

Plagiarism is an assessment offence for this piece of work. Please refer to the Plagiarism and Collusion Regulations and Guidelines in the Student Handbook. You must include a bibliography acknowledging all sources used. Be sure not to plagiarise from any source. Plagiarism, whether from another student or published or electronic sources, is a very serious offence, and will be dealt with accordingly.

Assessment criteria (level 2) problem solving

Your work will be graded taking into account the learning outcomes for the assessment and all of the following criteria:

1. Structure

You need a clear brief introduction which identifies the issues raised by the problem. Your answer should then progress in a logical order. You will be penalised if you do not tackle each legal issue separately, stating the law, and then applying it to the facts. Students who write out all the principles of law relevant to the problem, and then only apply it to the facts at the end, will be heavily penalised. You should provide a reasoned conclusion supported by the body of the answer. (For further help with structure and problem solving generally you should look at the Problem Solving section in the Student Handbook.)

2. Content

The marking will be grading your work taking into account whether you have:

identified the issues raised by the problem placed appropriate emphasis on the significant issues provided an accurate explanation of legal principles applied the law accurately to the facts of the problem. There is a greater

emphasis on application of the law than was expected of you at Level 1. displayed ability to analyse the facts demonstrated an ability to manipulate the law in order to find alternative

solutions where appropriate to the problem identified any areas of uncertainty in the law provided a good persuasive argument



made good use of supporting law. Evidence of reading beyond the main text and cases will be sought

provided only material which is relevant

3. Sources

You should provide full and accurate referencing in footnotes. You should use primary sources of law (cases, statutes, SIs, EC law, etc) where these are available, rather than textbooks. The following are examples of the information required in footnotes, all of which will be available from textbooks. You should note how primary sources are cited, and ensure that you cite them correctly:

Logan Salton v Durham CC [1989] IRLR 99Employment Rights Act 1996, s98(3)(d)Equal Pay (Amendment) Regulations 1983 (SI 1983/1794), Reg 4Treaty of Rome 1957 (as amended), Art 141

4. Presentation Cases and statutes mentioned in the body of the answer should be underlined, bold or italicised, and footnoted (see ‘Sources’).

Credit will be given for a succinct and fluent writing style. Illegible material will not be given credit, and poor use of English will be penalised, especially where it makes the sense ambiguous or meaningless.

You will be penalised for incorrect spelling, so spell-check and proof-read your work before submitting it.

14 Location/Campus:

De Havilland

15 Semester/s Module will run:

Semester B

16 Pre and Co Requisites and prohibited Modules:

1LAW0004 2LAW0041

17 Reading and other Resources:-

Prescribed Reading – Gwyneth Pitt – Employment Law –eighth edition 2011

Recommended Reading –

Janice Nairns - Employment Law for Business Students – Fourth edition – 2011 –Pearson Longman

Painter et al - Cases and Materials on Employment Law



5th ed. OUP

18 Weekly Programme/Timetable

INDIVUDUAL EMPLOYMENT LAWTIMETABLE - SEMESTER B




26/01/15 Session 1 Introduction to the ModuleSources and Institutions of Employment Law.No seminars

02/02/15 Session 2 The Contract of Employment:Significance, Existence, Formation and Content.

Seminar: Employee StatusThe significance of recent changes at Employment Tribunals

09/02/15 Session 3 The Contract of Employment – continued.Terms of the Contract. Varying the contract.Seminar: Implied TermsResearching your assessment

16/02/15 Session 4 Family Friendly RightsSeminar: Varying the contract – negotiation exercise

23/02/15 Session 5 Discrimination in the Workplace (1):Equal PaySeminar: Family Friendly RightsPlanning and structuring your assessment

02/03/15 Session 6 Discrimination in the WorkplaceEquality – protected characteristics and prohibited conduct.Seminar: Equal pay - discussion

09/03/15 Session 7 Termination of Contract (1):Unfair DismissalSeminar: Discrimination.Tackling examination questions

16/03/15 Session 8 Termination of the Contract (2)Wrongful DismissalSeminar: Unfair DismissalConstructing answers to problem questions

23/03/15 Session 9 Termination of the Contract (3)RedundancySeminar: Preparation for the exam.

30/03/15 Session 10 REVISION LECTURESeminar; RedundancyPreparing your notes for the examination

06/04/15 INTER-SEMESTER BREAK

EASTER HOLIDAY


EXAMINATION PERIOD – WEEK BEGINNING APRIL 27TH 2015

19 Note

All aspects of the Module are potentially examinable.

The information given in this Module Guide is believed correct, but the School reserves the right, at its discretion, and for any reason, to make changes to the guide without prior notice and in particular to make changes to syllabuses and modules for reasons including meeting technological or academic developments or employer’s requirements particularly in specialist options.

THE RELATIONSHIP BETWEEN LEARNING OUTCOMES AND ASSESSMENT MATRIX

Learning outcomes Coursework ExamKnowledge & understandingA1 x xA2 x

Skills & AttributesB1 x xB2 x xB3 x x

APPENDIX ONE.

PAST EXAMINATION PAPER

5LAW1003 – INDIVIDUAL EMPLOYMENT LAW – JUNE 2014

1. Critically evaluate whether recent reforms to the Employment Tribunals’ jurisdiction and procedure will enable it to achieve its stated aims of providing a speedy, just and inexpensive service, in an informal environment.

2. Explain how the law enforces on both the employer and the employee the duty to act towards each other with mutual trust and confidence. Evaluate how this implied term has affected the employment relationship.



3. How far do you think that present family friendly law in the UK allows parents and carers to achieve a reasonable balance between work and family life?

4. Sabrina is a woman of Turkish origin who is employed by Eastminster County Council as a social worker. She has recently become an orthodox Muslim and wants to cover her head with a headscarf while at work. Her employer has a clear equal opportunities policy but her manager has objected and said that no religious symbols are permitted in the department to maintain client confidence. However a co-worker, who is a devote Christian, is allowed to openly wear a cross. Sabrina raised the issue with her manager and was told she would be put on administrative duties until she conformed to department guidelines.

Advise Sabrina as to her rights under Employment Law.

5. Jordan has worked for Merricks, a small family business selling household textiles, for nearly three years. Jordan is responsible for checking in new stock and for returning to the manufacturer any goods which are sub-standard or which have been returned by customers as faulty.

One day, in May this year, Jordan was seen leaving work at the end of the day carrying a bulky parcel. Her employer asked what the parcel contained and Jordan said it was just a present for her mother, which she had purchased in her lunch hour. Her employer was suspicious and, when he went to check stock in the warehouse where she worked discovered that a consignment of blankets rejected as faulty by a local hotel, had not been sent back to the manufacturer as instructed, and that one of the blankets was missing.

He questioned Jordan the following day and she eventually admitted that she had taken the blanket to give to a homeless man who often slept in a doorway near the shop. She offered to pay for the blanket from her wages but her employer said that he “could not afford to employ thieves” and dismissed her with one week’s pay in lieu of notice, from which he deducted the cost of the blanket.

Jordan has never been in any trouble at work before. She is known as a willing and hard worker, popular with other members of staff and always ready to help when the business is short-staffed.

Advise Jordan whether she can bring an action for unfair and or wrongful dismissal.

6. Shire Windows Ltd. are a company with offices and sales rooms across East Anglia. They specialize in making and fitting sash .windows. Because of the economic climate the directors have decided that they must make some staff compulsory redundant. One of the people selected is Joe, who is 58 years old and who has worked as a fitter for the last six years.

Joe has found out that his job is being given to Stefan a young man, recruited only six months ago, who works in the joinery department. When Joe questions his foreman he learns that the joinery department is being reduced



from five workers to three, but that the firm is anxious to retain Stefan is he is exceptionally skilled and qualified employee.

Joe seeks advice as to whether he can bring a claim to the Tribunal in these circumstances.



APPENDIX TWO

BULLET POINT ANSWERS TO EXAMINATION QUESTIONS 2013-14

1. Changes to Tribunal procedure. Employment judges can sit alone without lay members – will reduce costs

and part hearings dealt with speedily but lay members useful dealing with complex factual issues, e.g. whistleblowing

Witness statements taken as read – will make for consistency with civil courts but parties representing themselves may be disadvantaged.

Fees – already reducing number of claims – but increase in complexity and multiple claims. Growth in ‘no win, no fee’ representation

Early Claims Conciliation Cost orders increased Witnesses’ expenses no longer paid. Save money and may encourage

claimants to call fewer witnesses. But may put strain on claimant’s financial situation

2. Mutual Trust and Confidence. Importance as basis of claim for constructive unfair dismissal

Define an implied term• Place duties on employer and employee• Mutual trust and respect – not do anything likely to damage relationship• Woods v WM Car Services• Malik v BCCI; Lewis v Motorworld Garages • May be express clauses in contract allowing for variation

3. Family Friendly Rights

Parental Leave (MPLR 1999) – parents with one year’s continuous service – up to 18 weeks – but need not be paid; 4 weeks in any one year – must be taken in weekly blocks –Rodway v New Southern Railways

Emergence Leave s.57 ERA 1996 Reasonable time off – e.g. if death or other emergency; must tell employer as

soon as practicable; covers wide range of dependents but must be an emergency – Qua v John Morrison. Can bring claim to Tribunal –compensation

Flexible working s.80 ERA 1996 Must have worked six months before making request Right to request change in conditions of work. But employee must make very

specific application. Employer has right to refuse for number of business reasons. Very limited right of appeal.

Now extended to carers as well as children –Work and Families Act 2006 Returning after maternity leave only right to request flexible working. No right to

work flexibly as such. but employers should take requests seriously Changes to hours, times and location Outline how employee should apply – e.g. in writing under provisions of

Employment Rights Act 1999 etc. Employers provided with wide scope to refuse, on ‘business grounds’. Must set

out reasons in writing. May appeal to ET but role and involvement of ETs very weak – largely procedural

– not permitted to examine the reasonableness of employer’s decision.



Remedy – compensation – Employer can be asked to reconsider.

4. Racial Discrimination. Analyse the facts as falling under protected characteristics [ss.4 and 9], the

definition of race and clauses 68 -69 of EQA 2010 does not concern religious discrimination s.10 Ss. 13 and 19 provide protection against direct and indirect discrimination Harassment – definition in Act – s.26 and apply less favourable treatment – De Souza v AA subjective /objective test to be applied employer vicariously liable, as well as line manager, unless has viable,

reasonable steps, defence remedies- unlimited compensation – injury to feeling etc.

5 Unfair dismissal – s.94 right not to be unfairly dismissed. Is the claimant eligible to bring a claim? E.g. An employee; two years continuous

service; not excluded etc. Has there been a dismissal – s.95 ERA 1996 Has employer potentially fair reasons – s.98 (2)(b) gross misconduct conduct – but

could also be capability or possibly some other substantial reason. S.98 (4) – equity and fairness – reasonable response of the reasonable employer –

Iceland Frozen Food v Jones; Genuine belief following a reasonable investigation Burchell. Would depend on thorough investigation of his claims – mitigating circumstances – disciplinary record.

Possible wrongful dismissal. Final written warning might be more appropriate + additional training

Breach of s. 10 E Rel.Act 1999 No fair procedure followed – ACAS code – not fair hearing –no chance to explain -

therefore dismissal unfair – Remedies – possible ‘Polkey reduction’ in compensation.

6. Redundancy

Bronwen is an employee with more than two years service. If she is dismissed she would be entitled to redundancy payment Redundancy is fair dismissal Is this a redundancy situation s.139 ERA 1996 – yes the place where she works is

closing. Has she been offered suitable alternative employment? However ‘geographical’ redundancy – High Table v Horst Insists on move because of mobility clause would be breach of mutual trust and

confidence.


Documents

Module Guide (3)