| University | Organisation for Tourism and Hospitality Management (OTHM) |
|---|---|
| Subject | Employment Law (L/650/4972) |
Employment Law Assignment Brief
| Qualification | OTHM Level 5 Diploma in Law (610/1971/9) |
| Unit Reference Number | L/650/4972 |
| Unit Title | Employment Law |
| Unit Level | 5 |
| Number of Credits | 20 |
| Total Qualification Time (TQT) | 200 hours |
| Guided Learning Hours (GLH) | 100 hours |
| Mandatory / Optional | Mandatory |
| Sector Subject Area (SSA) | 15.5 Law and legal services |
| Unit Grading Structure | Pass/Fail |
Unit Aims
The aim of this unit is to introduce learners to employment law as it applies to businesses. Learners will do this through application of the law to employment situations and will consider the meaning and effect of contracts of employment, laws governing equality and discrimination and redundancy. Centres should ensure that the most up- to- date employment laws are studied.
Learning Outcomes, Assessment Criteria and Indicative Content
| Learning Outcomes – The learner will: | Assessment Criteria – The learner can: | Indicative content |
| 1. Understand key concepts and themes in the development of employment law and contracts. | 1.1 Discuss the development of employment law. 1.2 Describe the formation of a contract of employment and the personal scope of employment law. 1.3 Define issues surrounding termination of contract and breach of contract. 1.4 Discuss the operation of unfair and constructive dismissal and situations where it can arise. 1.5 Discuss the operation of wrongful dismissal and situations where it can arise. 1.6 Evaluate an issue or situation to predict probable legal implications. |
• An introduction to employment law including its judicial and administrative structure, sources and materials • Define employee/employer • Control test, Integration test, Multiple test • Independent contractors • Formation of contract of employment, express and implied terms • Duties of employee and employer • Fundamental breach • Wrongful dismissal • Unfair dismissal, automatically unfair dismissal • Remedies • Redundancy • A reasoned opinion of likely legal implications, including remedies and defences, where appropriate |
| 2. Understand the law relating to equality and discrimination. | 2.1 Analyse the types of protected characteristics and discrimination arising from the Equality Act 2010. 2.2 Explain the provisions on equal pay under the Equality Act 2010 and the defences available. 2.3 Explain the various types of disability discrimination under the Equality Act 2010. 2.4 Explain the legal consequences following a breach of discrimination legislation. 2.5 Analyse an issue or situation based on an understanding of discrimination law. 2.6 Evaluate an issue or situation to predict probable legal implications. |
• Protected characteristics – age, disability, gender reassignment, marriage and civil partnership, race, religion and belief, sex discrimination, sexual orientation, pregnancy and maternity • EU and Equal Pay, equality clause, claiming equality, Equality Act 2010, equal value, remedies • Equality – Equality Act 2010 • Gender pay gap, Executive pay ratio reporting: • Disability discrimination ie o Direct discrimination o Indirect discrimination o Harassment o Victimisation • Enforcement of discrimination legislation including procedure, judicial mediation, time limits and remedies including compensation including injuries to feelings and quantum; • declaration of rights, effectiveness of remedies. • Application of understanding to an issue or situation concerning discrimination law. • A reasoned opinion of likely legal implications, including remedies and defences, where appropriate. |
| 3. Understand the law governing redundancy. | 3.1 Define when redundancy arises. 3.2 Analyse the elements of a properly implemented redundancy procedure. 3.3 Explain the legal consequences of redundancy. 3.4 Analyse an issue or situation based on an understanding of laws governing redundancy. 3.5 Evaluate a given issue or situation to predict probable legal implications arising from redundancy. |
• Definition • Contents of a redundancy policy: planning, identifying the pool for selection, invitation of volunteers, consultation – collective duty to consult trade union representatives: Trade Union and Labour Relations Act 1992 s188 Individual consultation in all cases, Use of objective selection criteria, advance notice of individual consultation meeting, permitting a colleague to be present at consultation meetings, opportunity to appeal, allowing • Legal consequences: seeking of suitable alternative employment, statutory or other redundancy payment, relocation expenses, helping redundant employees obtain training or alternative work; • The Collective Redundancies and Transfer of Undertakings (Protection of Employment) and (Amendment) Regulations 1999 (TUPE) and Amendment Regulations 2006, SI 2006/2387; effectiveness of process and legislation; proposals for reform. • The position following a properly implemented redundancy: the right to a redundancy payment, calculation of payment; the position following a poorly implemented redundancy; prima facie presumption of fair dismissal: consideration of if it would be just and equitable to treat the redundancy dismissal as unfair: unfairness if the selection of a particular individual for redundancy was unfair or if proper procedures (especially consultation) were not followed; • Application of understanding to an issue or situation concerning redundancy provisions • A reasoned opinion of likely legal implications, legal implications for redundancy; ie where an employee can claim redundancy payment when an employer is insolvent; protective award imposed on employer if collective redundancy procedure is not complied with. |
| 4. Understand recent developments in Employment Law. | 4.1 Analyse the impact and challenges around flexible working. 4.2 Evaluate the rights for employee and employer around monitoring employees during flexible working. 4.3 Explain the impact of the gig economy and zero-hour contracts for the employee and employer. |
• Changes to contracts to give flexible working • Flexible working rights • Monitoring employees work in flexible conditions • Monitoring employees working at home • GDPR and rights for employees • GDPR and duties of employer • The gig economy and zero hour contracts • Changes in law relating to gig economy and zero-hour contracts • The future of employment law |
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the standards specified by all assessment criteria.
| Learning Outcomes to be met | Assessment criteria to be covered | Type of assessment | Word count (approx. length) |
| 1-4 | All ACs under LO1 to LO4 | Portfolio of evidence | 3000 words |
Indicative Reading List
- Selwyn’s Law of Employment Paperback, 22nd Edition; by Astra Emir, published by OUP
- Smith & Wood’s Employment Law: sixteenth Edition; By Ian Smith, Aaron Baker, Owen Warnock; Published OUP
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