14 ORGANIZATION OF COURSES AND CONGRESSES
8. Sleeve Resection and Bronchoplastic Procedures A Gómez-Caro, L.
General Information
School Business School
Level Level 7 (Masters Level)
Credit Value 15 Credits
Contact Hours 30 Hours
Programme(s) MSc Professional HR
Module Leader Liz Aylott
Related Modules Pre-requisites None Co-requisites None Post-requisites None Excluded Combinations None
External Accrediting Body The Chartered Institute of Personnel & Development
Introduction
“Employment law is both revolutionary and evolutionary”
(Anon)
Employment law is fast-moving and challenging. The past 15 years has seen a host of employment law activity due to changes in legislation, with a particular focus on family- friendly rights. Developments in European and domestic legislation have significantly impacted on regulating the field of employment in the UK
Employment law covers a wide range of areas including; advising on restructuring and redundancy programmes, working with trade unions and other third party representatives, managing individual employment relationships including advising on disciplinary and grievance matters, advice arising from the employment aspects of business transfers and acquisitions and litigation of contractual and statutory rights in Employment Tribunals and the High Court, not to mention the array of anti-discrimination legislation and family-friendly rights.
While organisations can source specialist advice on more complex and unprecedented issues from legal advisers, senior HR professionals need to be up-to-date with, current and forthcoming developments in the regulatory environment in order to ensure organisations are fully prepared. The HR professional in today’s workplace also needs to keep in mind the need to support the business, while at the same time protect the employment relationship. This involves being able to anticipate legal problems associated with proposed decisions or plans before they are implemented.
The Employment Law in Practice module is designed to provide a detailed insight into the framework which supports the application of the regulatory field of employment law. It is designed to provide a basis from which you can explore the advanced study of the employment relationship and the regulation of working life and is designed to be used in practice in any given scenario.
Educational Aims
• Demonstrate a broad understanding of the legal framework relating to employee relations and human resource management.
• Be able to confidently handle and analyse legal materials.
• Analyse developments in employment law, including EC law, and be able to identify appropriate sources for keeping abreast of legal developments.
• Identify problems and issues which arise in employee relations and human resource management, and apply the legal principles to those situations.
• Advise on appropriate legal action to be taken in the workplace.
• Advise on the preparation, presentation and settling of employment tribunal cases. • Identify current legal issues, research those areas and analyse the findings. Learning Outcomes
Knowledge and Understanding
Ref A. Students should be able to demonstrate a: (subject specific)
K1 Deep and systematic understanding of current employment legislation in support of informing decision making and drawing upon practice and knowledge from the forefront of the discipline and its impact upon the strategic performance of the organisation.
K2 Critical awareness of the employment law issues that face the human resources professional which are influenced by the internal and external environment and be able to show a comprehensive understanding of the techniques available to support the organisation. K3 Critical understanding of the processes and guidelines which should be put in place in support
of regulating the employment relationship.
K4 Deep and Systematic understanding of the influence of European legislation on domestic legislation.
Cognitive Skills
Ref B. Students should be able to:
C1 Act proactively, professionally and systematically with critical thinking when evaluating legal information and diagnosing complex employment law issues, with consideration of a wide range of stakeholders’.
C2 Demonstrate the highest level of critical, professional, creative and reflective thinking skills drawing upon knowledge from the forefront of employment law to enable clear interpretations and facilitate effective decision making.
C3 Critically analyse internal strategies, policies, procedures, and practices to establish compliance and provide solutions that add value to the organisation.
C4 Develop the ability to guide employees and line managers in line with employment legislation and critically analyse a firm’s ethos towards equality and diversity and health and well-being.
Professional Skills and Attitudes
P1 Using appropriate analytical tools and techniques anticipate future trends and argue alternative approaches to solving complex employment law related issues.
P2 Communicate complex proposals and arguments clearly to specialist and non-specialist audiences using a range of media and methods.
P3 Demonstrate the ability to be able to plan and self manage and have originality in tackling and solving problems in a wide variety of situations.
P4 Critically apply strategic theories, concepts and relevant employment legislation to solve employment law related problems in complex and unpredictable environments.
General Transferable Skills
Ref D. Students should be able to:
T1 Exercise initiative and take personal responsibility when dealing with different situations in the workplace by working with others whilst maintaining a professional profile.
T2 Make decisions in complex and unpredictable situations where there is a need to show leadership and be able to deliver good practice solutions.
T3 Demonstrate their ability to be independent learners who are able to plan their own
development and reflect upon experiences which will enable them to show their commitment to continuing professional development which are required of human resource professionals. T4 Critically evaluate existing laws, structures and organisational management and increase
Mode of Assessment
This module is assessed through the completion of one (1) independent task [the Summative Elements].
In addition to the summative elements, the module contains two (2) tasks to assist you in evaluating your progress in the module [the Formative Elements].
Formative Elements
Please Note: These elements do not count towards your final module grade.
1. Practice Essay
Write a 1500 word briefing paper
Set: End of Week 5 Due Date: Week 8
2. Other formative tasks will be smaller and completed through skills assessments in the lecture using small problem scenario activities.
Examples of practical type employment related legal issues will be provided throughout the module and discussed during the interactive sessions. This will enable students to familiarise themselves with what will be expected of them in the end of year work and assessing how close they are to achieving the module outcomes as well as understanding how employment law works in practice.
Summative Elements
Please Note: You must achieve a pass in the following element to pass the module. 1. A 3000 word guidance report [100% of the Module Grade]
This will be based on an area that has been discussed during the module outlining the key legal aspects, guidance papers, case law and include practical advice as if your document was going to an employer who has only very basic employment law knowledge. This should be presented as a guidance paper with a good balance of law and practical guidance.
Coursework Handout: Week 7
Coursework Due: Week 10
The formative and graded elements are awarded a percentage grading according to the Level 7 (Masters) Marking Criteria contained in your programme handbook.
Each assessment is marked on a percentage basis and combined as a final module grade. For the classification of your degree (Distinction, Merit, Pass) the final module grades will be combined according to the Diagram of Outcomes Leading to Award, detailed in your programme handbook.
Indicative Reading
To develop your skills in finding, accessing and analysing business information, data and knowledge you are encouraged to explore all sources of information to drive and enhance your learning (books, academic and professional journals, online resources, etc). Below is an indicative list of reading that you may find helpful in your studies; more specific readings may be utilised throughout the module. Seminal Work:
Lewis, D. and Sargeant, M. (2011) Employment Law: The Essentials. 10th ed. London: Chartered Institute of Personnel and Development.
Gillian Philips and Karen Scott (2011), Employment Law (College of Law Publishing).
Book and Texts:
Upex, Benny and Hardy (2009) Employment Law, 3rd
Edition, OUP Core Text Series. Pitt, G. (2011) Employment law. 8th ed. London: Sweet and Maxwell.
Davies, A. (2009) Perspectives on labour law. 2nd ed. Cambridge: Cambridge University Press.
Deakin, S. and Morris, G. (2009) Labour law. 5th ed. Oxford: Hart Publishing.
Honeyball, S. and Bowers, J. (2010) Honeyball and Bowers’ textbook on employment law. 11th ed. Oxford: Oxford University Press.
Painter, R. and Holmes, A. (2010) Cases and materials on employment law. 7th ed. Oxford: Oxford University Press.
Taylor, S. and Emir, A. (2009) Employment law: an introduction. 2nd ed. Oxford: Oxford University Press.
Academic and Professional Articles
The industrial law journal (ILJ) is the most prolific for labour law. There are others including:
New Law Journal (NLJ) IDS Employment Law Brief
Human Resource Management Journal
International Journal of Human Resource Management People Management
Personnel Review
Practical Law Company (PLC) Lawtel
Westlaw
Examples (see each week outline for full set).
Hugh Collins (2007) ‘Legal response to the Standard form contract of employment’. 36(1), ILJ 2-18.
Bruce Gardiner (2007) ‘Status Unknown’ 157 NLJ, 210
M. Freedland (2007) ‘Constructing Fairness in Employment Contracts’.36(1) ILJ 136-140.
Temperton and Shamsee (2008) Implied Terms in Employment: the current state of play Vol.19 (4) PLC pp.31-38.
Legal Preview- What’s Employment Law got in store for 2011? People Management (2011).
ACAS Equality Act 2010 – what’s new for employers? (2011)
Online Resources
ACAS: www.acas.org.uk
British Employment Law: http://www.emplaw.co.uk Department of Business and Innovation: www.bis.gov.uk
Chartered Institute of Personnel and Development: www.cipd.co.uk
Equality and Human Rights Commission: http://www.equalityhumanrights.com/ Department of Work and Pensions: http://www.dwp.gov.uk/
Version 0.1 (May 2013) Page 142 INDICATIVE SCHEME OF WORK
In some instances information regarding content of module is indicative - actual module content will be determined according to considerations (for example, opportunities for work with specific external partners or new developments in the field) which are taken into account at the time of module delivery.
Module Title: Employment Law in Practice
Syllabus
• Employment Law and Employment Tribunals; Sources and Institutions of Employment Law and European dimension. • The core principles that underpin the word ‘Employee’.
• Contract and related issues
• Employment protection and related issues e.g. guaranteed work, medical suspension pay, maternity and paternity rights, flexible working, time off and the right not to suffer a detriment.
• Discrimination with the focus on the employer’s actions and how they should mitigate situations.
• The legal implications of proposals and developments in employment discrimination including the Equality Act 2010. • Equal Pay laws and the incorporation and harmonisation of EU directives.
• The preparation, policy and procedure of termination of employment and employment tribunal cases. • The protection of employees from unfair or illegal procedure.
• The law relating to redundancy, qualifications, meaning of redundancy, misconduct and related provisions.
• The appropriate action that should be taken by Employers in line with the ACAS Code 2009, including the correct disciplinary and grievance procedures.
Version 0.1 (May 2013) Page 143 ***Absolutely Essential Reading
Week Content Learning and Teaching Strategy
Head Start Sources of Employment Law
In order for you to be competent in examining employment law, you must become familiar with the sources from which employment law derives. Try to get a firm understanding of the issues outlined below.
This will concentrate on:
• Employment Law generally. • The European Dimension.
• Employment Law Tribunals and the procedure of claims (this will be integrated into the rest of the module by relating to disputes and tribunals).
Preparation for Week 1:
Key reading: Lewis, D. and Sargeant, M. (2011) Employment law. Chapter 1.
Alternatively:
Gillian Philips and Karen Scott, Employment Law 2011: read the introductory note and then pp.155-180
Chapter 1 and 2 of Upex, Benny and Hardy, Employment Law (2009). For Employment Tribunals refer to:
• http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceD isputes/Employmenttribunals/DG_10028122
Keep a regular eye on the news. It is very rare that weekly news reports do not contain updates on employment law, major precedents or recent challenges both in this jurisdiction and in the ECJ/ECHR.
Week 1 Who is an employee?
This is a crucial place to start for many employers in considering who is an employee, a worker or self-employed. In order to determine the rights people have in their employment relationship, it must first be established if they are an employee (which is likely to be so in large organisations).
This will concentrate on: • Who is an employee?
• How are they defined in the eyes of the law.
• Exploration of the difference between an ‘employee’ and a ‘worker’ and the rights attached to both.
Independent Study
Key reading: Legislation: Ss 230 Employment Rights Act 1996. Lewis, D. and Sargeant, M. (2011) Chapter 2.
Lewis, D. and Sargeant, M. (2009) Essentials of employment law. Chapter 3.
Upex, Benny and Hardy (2009) Employment Law OUP, pp 55-74.
Further reading: Douglas Brodie (2005) Employees, workers and the self- employed 34(3), ILJ 253-260.
Gwyneth Pitt (2008) Cases and Materials on Employment Law, pp 118-153. Hepple, B. ‘Restructuring employment rights’ (1986)15 Industrial Law Journal 69 especially pp.69–75.
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Week Content Learning and Teaching Strategy
• Immigration regulations
• The significance and rights owed to employees.
Task: Three case studies presented on Blackboard re: Is the individual an employee and why? Students to submit responses.
Session 1:
Workshop Activity 1: Tutor led discussion around Blackboard activities reinforcing key concepts as required. This will be followed by a student activity related to this e.g. the drafting of a potential contract which is intended to make someone an employee. This will be carried out either individually or in groups.
Workshop Activity 2: Student activity where they are requiredto create an argument as an individual’s lawyer outlining their entitlements in law. Note: this will be based against information provided
Independent Study:
Task: Answer the question ‘Are agency workers employees?’
Refer to See James v London Borough of Greenwich [2008] EWCA Civ 35. • Do read Brodie’s journal (mentioned above). This is an excellent piece
which will clarify any areas for you. Week 2 Contract of Employment- Express Terms
This will involve an examination of the express terms within a contract of employment, specifically whether they are reasonable and fair?
This will concentrate on:
• The written statement of terms. • Types of express terms. • Forming and changing contracts
Independent Study:
Key reading: Employment Rights Act 1996- Section 1-11. Lewis, D. and argeant, M. (2011) Chapter 2.
Lewis, D. and Sargeant, M. (2009) Essentials of employment law. Chapter 4 up to Page 84.
Upex, Benny, Hardy (2009), Chapter 4. Exploring the link with contract law:
Read: Honeyball and Pearce: Contract, Employment and the Contract of Employment (2006) 35(1) Ind Law Journal 30-55.
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Week Content Learning and Teaching Strategy
Task: Describe the relationship between the contract of employment and the written particulars of employment:
• Is the written statement a contract or is it evidence of a contract? • Which case should you cite for authority on this?
• If the written statement is a contract, how has this come about i.e. what action has the employer carried out?
Post your responses on Blackboard. Session 1:
Workshop Activity 1
Tutor led activity where in groups students compile a model statement of written particulars for a supermarket cashier, including all the information required by s.1 ERA.
Workshop Activity 2:
Tutor led activity, and following tutor feedback from Activity 1, the cashier’s employer is now telling you that they have added in additional terms and clauses to the written particulars. The additional terms that may be involved are discussed including the position of the law on each of them?
Week 3 Implied Terms by the Court
This week will focus on what these implied terms are and how these are applied.
This will concentrate on:
• Principles for implying a term into an employment contract. • Terms implied in fact.
• Terms implied by custom and practice. • Terms implied by law.
• Employer’s obligations.
Independent Study:
Key reading: Lewis, D. and Sargeant, M. (2011) Chapter 3
Upex, Benny and Hardy (2009) Employment Law pp 103-130.
Lindsey J (2001) The implied term of trust and confidence OLJS, 27(4), 633-657.
Some insightful articles from the Industrial Law Journal:
Hugh Collins (2007) Legal response to the Standard form contract of employment, ILJ 36(1), 2-18.
C Wynn-Evans (2007) Discretion, Power and the Rationalisation of Implied Terms ILJ, 36(2) 194-213.
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Week Content Learning and Teaching Strategy
, third edition, pp. 154-211.
Task: Question posted on Blackboard re: whether implied terms protect employees or employers more.
Students are to give at least 3 arguments for whether they protect employees or employers more.
Responses to be ‘posted’. Session 1:
Workshop Activity 1:
Tutor feedback and discussion around Blackboard activity.
Tutor input followed by group activity around scenarios to consider which implied term may be being breached.
Workshop Activity 2:
Group (paired) activity, with a scenario, where students act as employee/employer to identify which implied term is breached and by whom.
Tutor feedback/ general discussion.
Week 4 Discrimination Law
This is a highly important area that practitioners should be able to grasp. It is an evolving area of law and thus, employers need to constantly update their knowledge to make sure they are not discriminating against not only employees, but also applicants since discrimination extends to recruitment and promotion.
This will concentrate on: • Types of discrimination.
• How employers can discriminate.
Independent Study:
Key reading: Lewis D. and Sargeant, M. (2011) Essentials of employment law. Chapter 4, Chapter 6 and 7.
Equality Act 2010.
ACAS Equality Act 2010 – what’s new for employers? (2011) :
http://www.acas.org.uk/media/pdf/s/k/Equality_Act_2010_guide_fo r_employers_JANUARY_2011.pdf
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Week Content Learning and Teaching Strategy
• Discrimination in practice. discrimination which are covered by the EA 2010, the changes from existing law and areas not changed in a table format).
All employers should now follow:
http://www.acas.org.uk/CHttpHandler.ashx?id=1048 ‘ACAS: Delivering Equality and Diversity Policy’.
S.Fredman, ‘Equality: A New Generation?’ (2001) 30(2) Industrial Law Journal 145.
Task: Questions posted on Blackboard related to positive discrimination and positive action. Scenarios are given. Answers to be ‘posted’.
Session 1:
Workshop Activity 1:
Tutor feedback on Blackboard ‘postings’
Tutor input prior to individual activities to identify which strand and type of discrimination are involved in mini cases e.g. Direct/Age. Feedback and discussion.
Workshop Activity 2:
Individual activity and Tutor led discussion based on previous mini scenarios to identify ways in which the employer could have avoided discrimination and how they should be dealt with in the future. Independent Study:
Task: Unfair clothing policies have become a prominent area recently. See these news articles for examples which may apply in your employment: http://www.dailymail.co.uk/news/article-171431/Civil-servant-wins-
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Week Content Learning and Teaching Strategy
tie-case.html (Men and Women Equal)
http://www.telegraph.co.uk/health/healthnews/8577151/Nurses- warned-over-cleavage-at-work.html (Nurses).
Taking their claim to the EUROPEAN Court of Human Rights. This will be a landmark ruling for religion and discrimination:
EWEIDA V BA [2009]
http://www.telegraph.co.uk/news/religion/8556650/Christians-take- prejudice-row-to-Strasbourg.html
http://www.telegraph.co.uk/news/religion/4946254/BA-crucifix- worker-takes-case-to-Court-of-Appeal.html
Week 5 Equal Pay
Equal Pay legislation is an aspect of sex discrimination law. The Equal Pay Act 1970 covers sex discrimatory provisions within the contract of employment, i.e. it relates to all contract terms not just equal pay. Where there is discrimination on the grounds of sex concerning matters outside contractual terms, then the sex Discrimination Act 1975 must be used. Thus, this relates to pay, holidays, benefits that are outlined in the contract.
This will concentrate on: • Equal Pay Directive. • Equal Pay Act 1970. • Equality Act 2010.
Independent Study:
Key reading: Lewis, D. and Sargeant, M. (2011) Chp.5. Equal Pay Act 1970