University of Hertfordshire

School of Law

INDIVIDUAL EMPLOYMENT LAW MODULE GUIDE 2015

1

Module Code

Title of Module:-

5LAW1003

Full:
Short:

INDIVIDUAL EMPLOYMENT LAW

EMPLOYMENT LAW (INDIV)

Version

Credit Points

15

Level

Law School
Module leader: - Dr. Ernestine Ndzi: E-mail: e.ndzi@herts.ac.uk
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

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)
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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)
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Skills Development
Written communication
Legal analysis
Research and study skills
Problem solving

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Presentation skills
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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.

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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.

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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
more than one calendar week late

a maximum of 40%
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

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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 99
Employment Rights Act 1996, s98(3)(d)
Equal Pay (Amendment) Regulations 1983 (SI 1983/1794), Reg 4
Treaty 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.

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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

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Janice Nairns - Employment Law for Business

2011 Pearson Longman

Students Fourth edition

Painter et al - Cases and Materials on Employment Law

5th ed. OUP

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Weekly Programme/Timetable

INDIVUDUAL EMPLOYMENT LAW

TIMETABLE - SEMESTER B
26/01/15
Session 1

02/02/15

Session 2

Introduction to the Module

Sources and Institutions of Employment Law.
No seminars
The Contract of Employment:
Significance, Existence, Formation
Content.

and

Seminar: Employee Status

The 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 Terms
Researching your assessment

16/02/15

Session 4

Family Friendly Rights

Seminar:
Varying
negotiation exercise

23/02/15

Session 5

the

contract

Discrimination in the Workplace (1):

Equal Pay
Seminar: Family Friendly Rights
Planning
and
structuring
assessment

your

02/03/15

Session 6

Discrimination in the Workplace

Equality protected characteristics and
prohibited conduct.
Seminar: Equal pay - discussion

09/03/15

Session 7

Termination of Contract (1):

Unfair Dismissal
Seminar: Discrimination.
Tackling examination questions

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16/03/15

Session 8

Termination of the Contract (2)

Wrongful Dismissal
Seminar: Unfair Dismissal
Constructing
answers
to
questions

23/03/15

Session 9

30/03/15

Session 10

06/04/15

INTER-SEMESTER
BREAK

problem

Termination of the Contract (3)

Redundancy
Seminar: Preparation for the exam.
REVISION LECTURE
Seminar; Redundancy
Preparing your notes for the examination
EASTER HOLIDAY

EXAMINATION PERIOD WEEK BEGINNING APRIL 27TH 2015

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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 employers requirements particularly in specialist options.

THE RELATIONSHIP BETWEEN LEARNING OUTCOMES AND ASSESSMENT

MATRIX
Learning outcomes
Knowledge &
understanding
A1
A2
Skills & Attributes
B1
B2
B3

Business School

Coursework

Exam

x
x

x
x
x

x
x
x

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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

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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 weeks 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.

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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 claimants 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
Employer may not exercise such clauses unreasonably implied term
of trust and confidence
United Bank v Aktar; Courtaulds Northern Textiles v Andrews; Morrow
v Safeways Stores
3. Family Friendly Rights

Parental Leave (MPLR 1999) parents with one years 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.

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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 employers 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.

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