EMPLOYMENT LAW II - 2017/8

Module code: LAW3076

Module provider

School of Law

Module Leader

DREW S Ms (Schl of Law)

Number of Credits

15

ECT Credits

7.5

Framework

FHEQ Level 6

JACs code

M200

Module cap (Maximum number of students)

N/A

Module Availability

Semester 2

Overall student workload

Independent Study Hours: 117

Lecture Hours: 22

Tutorial Hours: 6

Assessment pattern

Assessment type Unit of assessment Weighting
Coursework 3,000 WORD COURSEWORK 100

Alternative Assessment

N/A

Prerequisites / Co-requisites

None  

Module overview

 

Employment Law II concerns discrimination law in the context of the employment field. It covers all the protected characteristics identified in the Equality Act 2010, e.g:  sex, race, disability, sexual orientation, religion or belief, age, etc.

The Module includes a consideration of:

(i) the sources and institutions of this part of employment law;

(ii) the statutory framework regulating this area of Law;

(iii) the protected characteristics;

(iv) each of the forms of prohibited conduct;

(v) direct (or primary) liability and vicarious liability;

(vi) any defences available;

(vii) remedies.

The Module aims to provide students with an understanding of the foundations and content of discrimination Law in the context of the employment field, together with key aspects of this area of Law, in terms of the protected characteristics and prohibited conduct within both the statutory regime and in the common law principles.

Module aims

Understand and critically examine the considerations of policy and the rules of law which underlie Employment Law II in the areas covered by the syllabus (as indicated below), with particular reference to the protected characteristics and main forms of prohibited conduct

Understand both the statutory framework and the common law aspects of legal regulation in this field

Develop a critical understanding of this area of law, including the policy considerations apparent within it

Learning outcomes

Attributes Developed
Critically evaluate the central principles, concepts and history of employment law, and the relationship between them in respect of the areas covered on the module KCT
Critically engage with and evaluate the sources of employment law, including common law, statute and EU law, and the relationship between them KCT
Critically analyse and evaluate the substance, structures and application of direct and indirect discrimination, harassment and victimisation in the Equality Act 2010 KCPT
Critically analyse and evaluate the substance, structures and application of a failure to make reasonable adjustments, and disability related discrimination in the Equality Act 2010 KCPT
Critically analyse and evaluate the substance, structures and application of Equal Pay legislation KCPT
Critically analyse and evaluate the substance, structures and application of the family friendly legislation, particularly those relating to maternity and paternity KCPT
Critically engage in discussions regarding competing policy concerns and values which inform employment law and its development, and the relationship between them, in order to be able to propose and defend solutions KCPT
Critical engage in scholarly debate regarding employment law, critically analysing the major tendencies within legal scholarship and the relationship between them KCPT
Critically engage with and apply knowledge of the primary and secondary legal authorities to solve complex problems and answer complex essay questions which seek to resolve tensions in the competing goals and content of employment law CPT

Attributes Developed

C - Cognitive/analytical

K - Subject knowledge

T - Transferable skills

P - Professional/Practical skills

Module content

Indicative content includes:


Introduction to Discrimination Law - Key concepts and definitions



Introduction to general concepts - Concepts of Equality: formal v. substantive; equality of opportunity v. equality of results; positive discrimination (affirmative action); the non-discrimination principle in EU Law (a fundamental principle of EU Law)



Key provisions, principles and concepts concerning the following areas of Discrimination Law:



Sex
Race
Disability
Sexual Orientation; Religion or Belief; Age, Gender Re-assignment & Marital Status



Key provisions, principles and concepts concerning Equal Pay
Key provisions, principles and concepts concerning Pregnancy/ Maternity discrimination and the various pieces of ‘family friendly’ legislation’

Methods of Teaching / Learning

The learning and teaching strategy:

Lectures introduce and generally broach topics, with particular emphasis on key areas of the syllabus, with guidance on which of the most relevant primary and secondary materials should be studied;

Tutorials provide the opportunity for students to apply their knowledge to problem questions and essay questions and to subject the law to critical scrutiny

Students are directed to the study of recommended and selected legislation, case-law and other texts and to engage with these to enhance their knowledge and understanding of the subject. 

The learning and teaching methods include:

Lectures (2 hours per week x 11 weeks);

Tutorials, including detailed, guided, tutorial discussions (6 tutorials over an 11 week period)

The objective of both categories of contact is to allow students to develop and enhance their knowledge of the subject and its practical application, thereby securing the learning outcomes identified above.

 

 

 

Assessment Strategy

The assessment strategy is designed to provide students with the opportunity to demonstrate:


Their knowledge of the topics covered;
Their ability to apply their knowledge to problem questions and essay questions;
Their powers of critical analysis of the relevant areas of law


The assessment address all the learning outcomes listed above.

The assessment for this module consists of one piece of coursework with a word limit of 3,000

Formative assessment and feedback

Students will receive feedback on their performance, as follows:


Oral feedback in lectures and, in particluar, tutorials;
General class discussions on guided themes/topics, with immediate (oral) feedback on their performance;
Formal, written feedback on the 1,500 word formative coursework assessment
Individual, informal feedback, from time to time, as required

Reading list

Reading list for EMPLOYMENT LAW II : http://aspire.surrey.ac.uk/modules/law3076

Programmes this module appears in

Programme Semester Classification Qualifying conditions
Law with Criminology LLB (Hons) 2 Optional A weighted aggregate mark of 40% is required to pass the module
Law with International Relations LLB (Hons) 2 Optional A weighted aggregate mark of 40% is required to pass the module
Law LLB (Hons) 2 Optional A weighted aggregate mark of 40% is required to pass the module
Law (JD Pathway) LLB (Hons) 2 Optional A weighted aggregate mark of 40% is required to pass the module

Please note that the information detailed within this record is accurate at the time of publishing and may be subject to change. This record contains information for the most up to date version of the programme / module for the 2017/8 academic year.