Module Database Search
| MODULE DESCRIPTOR | |||
|---|---|---|---|
| Module Title | |||
| Employment Practice | |||
| Reference | LLM647 | Version | 2 |
| Created | August 2023 | SCQF Level | SCQF 11 |
| Approved | March 2013 | SCQF Points | 15 |
| Amended | September 2023 | ECTS Points | 7.5 |
| Aims of Module | |||
|---|---|---|---|
| To develop professional and advocacy skills in relation to contentious and non contentious employment cases and to develop knowledge and understanding of employment tribunal procedures | |||
| Learning Outcomes for Module | |
|---|---|
| On completion of this module, students are expected to be able to: | |
| 1 | Advise a client on the key differences between employment and self-employment and draft a standard employment contract and an employment contract for a senior employee |
| 2 | Understand the key principles of the employment law including Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) |
| 3 | Advise a client in relation to termination of employment of an employee |
| 4 | Understand how to make an application for an interdict to enforce post termination of employment restrictive covenants (i.e. non competition, non solicitation and confidentiality) |
| 5 | Conduct and defend an unfair dismissal claim in the employment tribunal |
| Indicative Module Content |
|---|
| The principles of employment and self employment, determining the existence of employment and self-employment, formation of the employment relationship, contracts of employment, consultancy agreements, drafting principles, the key principles of statutory and common law employment protection including unfair dismissal, redundancy, wrongful dismissal and Transfer of Undertakings, procedural fairness, negotiated exits - the use of compromise agreements, court and employment tribunal procedure jurisdiction and choice of forum outline of sheriff court and employment tribunal procedure (including document drafting, interdict and other interlocutory hearings, advocacy in a mock tribunal hearing,remedies, damages and compensation. |
| Module Delivery |
|---|
| Seminars, problem solving activities, case studies, drafting exercises and multiple choice test, portfolio building and role play. |
| Indicative Student Workload | Full Time | Part Time |
|---|---|---|
| Contact Hours | 34 | 34 |
| Non-Contact Hours | 116 | 116 |
| Placement/Work-Based Learning Experience [Notional] Hours | N/A | N/A |
| TOTAL | 150 | 150 |
| Actual Placement hours for professional, statutory or regulatory body |
| ASSESSMENT PLAN | |||||
|---|---|---|---|---|---|
| If a major/minor model is used and box is ticked, % weightings below are indicative only. | |||||
| Component 1 | |||||
| Type: | Coursework | Weighting: | 100% | Outcomes Assessed: | 1, 2, 3, 4, 5 |
| Description: | Comprising written and role play element | ||||
| MODULE PERFORMANCE DESCRIPTOR | |
|---|---|
| Explanatory Text | |
| Component 1 comprises 100% of the module grade. To pass the module, a D grade is required | |
| Module Grade | Minimum Requirements to achieve Module Grade: |
| A | A |
| B | B |
| C | C |
| D | D |
| E | E |
| F | F |
| NS | Non-submission of work by published deadline or non-attendance for examination |
| Module Requirements | |
|---|---|
| Prerequisites for Module | None in addition to SCQF 11 entry requirement or equivalent. |
| Corequisites for module | None. |
| Precluded Modules | None. |
| ADDITIONAL NOTES |
|---|
| In addition to the texts in the indicative bibliography, the student will be required to purchase the course materials. |
| INDICATIVE BIBLIOGRAPHY | |
|---|---|
| 1 | HARVEY, R.J.S., 2017. Harvey on industrial relations and employment law. London: LexisNexis. |
| 2 | INCOME DATA SERVICES, 2013. IDS employment law handbooks. Andover: Sweet and Maxwell. (Available on WESTLAW) |
| 3 | SELWYN N.M., 2016. Selwyn's law of employment. 19th ed. Oxford: Oxford University Press. |