LAW30170 Employment Law: the Contract of Employment

Academic Year 2022/2023

The relationship between employer and employee is based on a contract. This module is concerned with that contract, tracing the contract from its inception to its termination. The course begins by identifying a contract of employment. It examines the formation, enforceability and fundamental terms (the right to wages, and the employer's duty to maintain the employee's trust and confidence) of a contract of employment. It reviews the law relating to the termination of a contract by dismissal. Finally, it treats the perpetuation of a contract of employment, following the replacement of the original employer, under the law on the protection of employees' rights following the transfer of an undertakings.

The mode of delivery is blended, combining live lectures, seminars and pre-recordings.

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Curricular information is subject to change

Learning Outcomes:

On succesful completion of this course students should be able to: Distinguish the contract of employment from other forms of legal status (the status of self employment and partnership.Apply the rules regulating the interaction between illegality and the contract of employment.Identify the sources of a contract of employment, and demonstrate the techniques by which collective agreements and unexpressed terms may be incorporated in the contract. Be acquainted with the principal terms implied by law in the contract of employment Distinguish the comparative advantages of unfair dismisal or wrongful dismissal as remedies for the termination of employment.Demonstrate a close knowledge of the principles regulating access to the remedy under the Unfair Dismissals Act 1977; of the grounds of review under the statutory remedy; of the remedies under the statutory procedure.Demonstrate a close knowledge of the ground of review and of the remedies (damages and injnunctive relief) where wrongful dismisal is established.Be able to describe the circumstances in which there arises a 'transfer of an economic entity which retains its identity' for the purpose of the application of the Transfer of Undertakings Directive 2001/131. Be able to apply a knowlwedge of the contract of employment to a complex hypothetical problem.

Student Effort Hours: 
Student Effort Type Hours
Lectures

24
Autonomous Student Learning

105
Total

129
Approaches to Teaching and Learning:
The mode of delivery is blended, combining live lectures, seminars and pre-recordings.
The resources made available for this module include presentations and full lecture text notes. 
Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Equivalents:
Employment Law: contracts (LAW37170)


 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Assignment: 1,000 word assignment. Chose one from a choice of five titles dealing with a contemporary issue in employment law. Week 6 n/a Standard conversion grade scale 40% No

25
Examination: Written Examination 2 hours 2 hour End of Trimester Exam No Standard conversion grade scale 40% No

75

Carry forward of passed components
Yes
 
Resit In Terminal Exam
Spring Yes - 2 Hour
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Group/class feedback, post-assessment

How will my Feedback be Delivered?

Individual feedback, on request by email, is offered for the assignment. Feedback for the examination is in the form of general class feedback. This feedback will be published on Brightspace.