Unit Title: Introduction to Employment Law

Level: Three

Credit Value: 6

Unit Code: CBB387

Grade Descriptors: 1, 2, 7

Type: Academic subject content

This unit has 5 learning outcomes

LEARNING OUTCOMES ASSESSMENT CRITERIA

The learner will: The learner can:

1. Understand the importance of the 1.1. Explain how a contract of employment
‘contract of employment’ to legal protects employees and what the legal
protection afforded by protections are that employers must
employment legislation. comply with.

2. Understand relevant legislation 2.1. Explain the principles of the Equality Act
to promote equality in the as applied in the workplace.
workplace. 2.2. Explain how current legislation promotes
a balance of family life and how this has
contributed to greater equality in the
workplace.
2.3 Evaluate the progress made in
implementing the provisions for Equal
Pay, and the key provisions of the
minimum wage and national living wage.

3. Understand the relevant legal 3.1. Explain legal remedies available to

imperatives to promote health employees to guarantee health and safety
and safety at work. in the workplace within civil and criminal
law.

4. Understand the importance of 4.1. Explain the importance of Trade Unions

Trade Unions as a force for as a force for worker rights and as
worker rights and as representatives of the workforce.
representatives of the workforce.

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5. Understand how EU directives 5.1. Explain how EU directives have impacted
have impacted on UK Employment on UK Employment Practice.
Practice. 5.2. Evaluate the importance of EU legislation
in current UK employment law.

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Grading Descriptors to be used with this unit (Level 3)

1. Understanding of the subject X

2. Application of knowledge X

3. Application of skills

4. Use of information

5. Communication and presentation

6. Autonomy / Independence

7. Quality (Mandatory) X

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Learning Outcome 1
• Employment Rights Act 1996. Offer and acceptance, legally binding, clear
and unambiguous, consideration – payment in return for work, implied
and express terms, can be a conditional offer – medical, references, right to
work and reside in UK. Employers must provide a written statement of
main terms and conditions within one month. Can refer to other documents
e.g. staff handbook. ACAS guide on what employer should cover in the
statement.
• Implied conditions – reference to Collective Agreements, duty of care by
employer, mutual trust and confidence, safe workplace, treated fairly and
with respect.
• Express terms – working hours, pay and benefits, job role, pension,
location of job, restricted clauses – confidentiality during and after
employment, working with competitors.
• Statutory rights – assumed or reiterated e.g. working time regulations,
family rights, redundancy. Statute over-rides contract terms even if
express.
• Important for employers to word terms clearly and accurately in case
disputed later.

Learning Outcome 2
• The Equal Pay Act of 1970 superseded by the Equality Act 2010. Equal pay
between men and women for equal work, pay and conditions, benefits,
pension, terms of employment. Irrespective if permanent, temporary, full
or part time. Working in the same employment but could be in different
locations, working in the same job role or a similar job role - similar tasks,
similar skills, same level of responsibility and decision making. Needs a
male/female comparator to test. Examples of cases – Haq v. Audit
Commission, Birmingham City Council v. Abdullah, City of Edinburgh v.
Wilkinson, Gibson v. Sheffield City Council and current Asda case going to
Supreme Court.
• National Minimum Wage sets out for apprenticeships and young people as
well as adult workers. National Living Wage for adults gives a higher rate.
Argument that this has improved the situation for young workers, and
those socially/economically disadvantaged. Regulations around what is
included in calculation. HMRC enforces.
• Equality Act 2010 brought together a range of past legislation and now
covers groups within personal characteristics – age, disability, gender
reassignment, marriage & civil partnership, pregnancy and maternity, race,
religion or belief, sex, sexual orientation. Enforcement by the Equality &
Human Rights Commission. Covers recruitment, employment, dismissal,
training, health & wellbeing, service provision. Breaches include direct
discrimination, indirect discrimination, associative discrimination,

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 discrimination by perception, harassment and victimisation.
Discrimination = less favourable treatment, putting a group at a
disadvantage against others, unfair treatment.
• Family Rights include maternity rights, parental rights, paternity leave,
dependency leave, recognises civil partnerships, rights of pregnant
workers.

Learning Outcome 3
• Health & Safety at Work Act 1974 and subsequent EU Directives/UK
regulations over the years since. Enforced by HSE and Local Authorities,
Fire services for fire safety. Police involvement where deaths involved.
Overall Duty of Care by employers to protect workers against harm, civil
action if there is negligence by the employer or an individual that includes a
failure to do something or doing something against rules or reasonable
action that results in harm (mental as well as physical and death). Criminal
action for breach of H & S law can result in fines or imprisonment or
corporate manslaughter against a company. Both civil and criminal law
action can take place at same time.
• Employee remedies – take up with trade union safety rep or workplace
safety rep, supervisor and senior management, internal grievance
procedure. Claim against employer for breach of duty of care via insurance
company, complain to local authority, fire service or HSE directly. Can
refuse to work or undertake tasks where clear risk to life or potential high
risk of harm.

Learning Outcome 4
• Organise workers and advocate for their rights. Can be at political level with
the government or in EU, or at company level. Strong relationship with
Labour Party and has influence over worker rights policies. Collective
bargaining at local company level or at industrial level e.g. all local
government workers, NHS. Right to be consulted and informed about
company policies and proposals. Represents members at formal procedures.
Can instigate industrial action if dispute procedures fail.
• Since 1980s powers of trade unions diminished by legislation and
membership declined (13 million in 1979 with 6.2 million in 2018). Still has
impact in some sectors e.g. train workers strikes disrupting rail travel.
Provides services to members such as legal advice, training and education,
financial benefits.

Learning Outcome 5
• European treaties and Social Chapter include employment legislation and
workers’ rights. Enforced by European Court of Justice. Examples –
Working Time Directive, Equality and part time Workers Directives, Right
to Information & Consultation, Atypical Workers Directive, Pregnant
Workers Directive, Health & Safety Directives, Transfer of Undertakings

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 (Employment Protection) Directive.
• The impact of Brexit

• Written assessment - requirement to use case law where applicable and cite
key legislation.
• Oral Presentation
• Controlled and timed assessments
• Response to case studies

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