LAW09014 2023 Advanced Employment Law

Appraise the major sources of employment law, the role and function of the courts and other institutions responsible for the administration of employment law in Ireland, including Alternative Dispute Resolution ('ADR') options. 

Evaluate the different legal tests used to determine employment status and assess the management of employment law in respect of specific groups of employees.

Assess the law in relation to equality in the workplace, to include unlawful acts of discrimination, defences and gender pay gap.

Analyse the law in relation to establishment, alteration and termination of employment contracts.

Determine the importance of clear policies and compliance in relation to further areas of people regulation.

The teaching and learning strategy is one which is founded on student-centered active learning. This module will be delivered by online delivery - lectures and tutorial support as appropriate. Flipped classroom approach will be used in some instances.  A range of Computer-Aided Learning (CALL) packages are available to support this module (e.g. Moodle, Adobe Connect, Panopto, Teams). 

Discussion, debate, communication and team working skills will be nurtured throughout the module, where students will have space and the support to articulate and present on their ideas within the learning environment.

The module will include reflective learning, case-studies and the use of Moodle as a repository.

This module will be 100% continuous assessment.  In order to use the module and programme for the CIPD accreditation, students must pass all assessments within the module and must reach the pass mark in all modules.

Students will receive formative feedback such as in class discussions, polls and quizzes.  Students will also receive summative feedback on assessments so that they can reflect on their progress and make adjustments in later assessments. 

Depending on the learner group the assessments will vary and may be any of the following: group project, legal research, legal citation, presentation (recorded/live or virtual), role play, open-book exam or essay, multiple choice quiz, case study, portfolio, reflective diary, podcast, infographic.   

Some of the assessments may be shared with other modules to enhance student learning and assessment.  If shared assessment is being used it will be clear to the students which elements of the assessment apply to which modules.  

Assessments will be scheduled in conjunction with other modules being taught in the semester. This is so that assessments are spaced out to allow students to adequate time to meet all deadlines. 

Actual assessments will be reviewed annually based on student and lecturer feedback and adapted as appropriate.

Repeat assessment/exam will be developed as appropriate to assess failed components.  The pass grade for this module is 40%.

Legal Framework for Employment Regulation in Ireland - LO1

• The major sources of employment law (statute, EU, case law).
• The roles played by legal and quasi-legal institutions which administer and enforce employment law (Workplace Relations Commission ('WRC'), ADR, Health and Safety Authority ('HSA'), Labour Court and appellate jurisdictions.
• Employment rights, rights which accrue with service, including notice periods, statutory redundancy pay, maternity/paternity rights.

Employment Status - LO2 

• Legal tests used to establish employment status.
• Vicarious liability. 
• Atypical Work: Part-Time, Fixed-Term and Agency Workers etc.
• Remote and Flexible Working Arrangements.
• Protected Disclosures.

Equality in the Workplace - LO 3

• Equality legislation.
• Protected characteristics.
• Tests applied by courts when determining discrimination cases, remedies and awards.
• Harassment & Sexual Harassment.
• Victimisation.
• Regulation on equal pay and gender pay gap reporting.

Employment Contract - LO 4

• Contract of employment.
• Unfair Dismissals legislation.
• Procedural fairness.
• Redundancy and insolvency.
• Transferred employees. 
• Remedies.

Compliance - LO 5

• Policies, procedures and training.
• Health and safety legislation.
• Collective employment rights.
• Social media in the workplace.
• Protective leave entitlements.
• Protected disclosures.
• Ethics and privacy at work.