PG Certificate Employment Law (Part Time)
This course is designed to provide a thorough grounding in employment law for lawyers and HR practitioners. The aim is to equip those participating with a clear and comprehensive technical understanding, while at all times remembering that employment law should be seen as part of the real world of work.
The University of East Anglia offers a programme of evening and full day seminars covering all aspects of individual Employment Law, leading to a Postgraduate Certificate in Employment Law.
- A series of fourteen evening seminars on Employment Law.
- A full-day seminar on Resolving Employment Disputes by Agreement and by Tribunal Hearing led by a senior member of ACAS and by an Employment Tribunal Judge
- A full-day “Exploded Diagram” simulated Tribunal case
- A 10-12,000-word Dissertation on an Employment Law topic of your choice, written under expert personal supervision
- Option of credit transfer to the Masters Degree LLM Employment Law
Those not wishing to gain a formal qualification may attend the fourteen evening seminars and/or the full-day seminars. Delegates who sign up initially for the evening seminars may transfer onto the Postgraduate Certificate up to November.
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The course will cover all the major topics in what is usually called or Employment Law or Labour Law (the terms are effectively interchangeable) except Health and Safety at Work and the law relating to the administration and governance of trade unions.
NB: The seminars may be subject to change to reflect legal developments.
Introductory Seminar - Course outline; aims & objectives
1. Sources of law and of other materials regulating the employment relationship
Institutional structure: legal, economic, and political actors in the field of employment law – both British and international
2. Employment Law in Action Part One - termination of employment, wrongful dismissal and unfair dismissal – general principles
Termination by dismissal, resignation, constructive dismissal, non-renewal, mutual consent, frustration
Acceptance of fundamental breach
Wrongful dismissal: meaning, remedies of damages and injunction
The many meanings of ‘pay in lieu notice’
Unfair dismissal: what counts as a dismissal?
3. Employment Law in Action Part Two Unfair dismissal – assessing fairness and specific reasons for dismissal (other than redundancy)
Potentially fair reasons for dismissal
The test of reasonableness as applied to the decision to dismiss
Substantive and procedural unfairness
Specific reasons for Unfair Dismissal
d. Some other substantial reason
ACAS Code of Practice and non-statutory guidance
4. Making claims and remedies; special cases
Automatically unfair dismissals
Qualifications for protection and exclusions
Continuous employment – the importance of the concept and how it is calculated
Remedies for unfair dismissal
5. The Contractual Basics
Different forms of working relationships
- Employee v self-employed
- Employees and the various meanings of “worker”
- The importance of the distinctions
- Contemporary problems e.g. “casuals” and agency workers
Formation and content of employment contracts
Statutory statement of terms and conditions
Implied terms – how terms come to be implied; typical implied terms in employment contracts
6. Redundancy and other Non-personal Dismissals
What is “redundancy”?
Redundancy payments – statutory and enhanced by employer
Information and consultation requirements
Unfair dismissal and redundancy
Achieving change in terms of employment
7. “TUPE” – business transfer and service contract change
Consultation and information requirements.
Effect on contracts and collective agreements
Dismissal and resignation connected with TUPE transfers
8. Wages, Working Time and Holiday
Common law right to wages
Recovery of overpayments
Common law and statutory rules on deductions from wages
National Minimum Wage legislation
Working Time Regulations – working, time rest breaks and holidays
9.Collective Rights and Industrial Relations Part 1
Definitions: “trade union”, “listed trade union”, “independent trade union”
Freedom of association: the right to be a union member and take part in union activities
Refusal of employment, detriment and dismissal for trade union membership and activities
The legal status of collective agreements
Impact of collective agreements on contracts of employment – including change and TUPE
Voluntary and compulsory union recognition and consequences of recognition
10. Collective Rights and Industrial Relations Part 2
Information to, and consultation with, employee representatives under domestic and EC law
- Redundancy consultation
- TUPE consultation
- Works councils and employee forums
- European Works Councils
Trade union liability for industrial disputes; the trade dispute immunities; balloting and other procedural constraints on industrial action
Picketing and secondary action
The labour injunction
Dismissal, deductions from pay and other detriments for taking part in industrial action
11.Whistleblowing and other rights to complain
Protection of Whistleblowers under the Pubic Interest Disclosure regime
- Protection for “workers”
Whistleblowing policies and practice
Criticisms and weaknesses of UK law
Protection of those raising other complaints and issues with employers
12. Atypical Workers
Rights to seek flexible working
Fixed term workers
Zero hours workers
13. Discrimination in Employment Part 1 – Common Elements
Sources of discrimination law: the EU dimension
The protected characteristics
Defining discrimination: direct, indirect, harassment, victimisation
Positive action and positive discrimination
Employer and individual liability for discrimination
Role of Equality and Human Rights Commission
Enforcement and remedies; the burden of proof
14. Discrimination in Employment Part 2 –Particular Characteristics; Family Leave Rights
Sex, marital status, sexual orientation and gender reassignment
Race discrimination and discrimination on grounds of caste and religion or belief
Disability discrimination: the meaning of “disability”; disability related treatment, reasonable adjustments
Pregnancy, maternity and family leave rights
Day Course: Resolving Employment Disputes by agreement and by Tribunal hearing (usually in May or June):
A course led by a senior member of ACAS and an Employment Judge on:
Internal procedures; conciliation and the role of ACAS; arbitration and mediation; the statutory arbitration scheme
New developments: pre-claim notification to ACAS
COT 3 agreements
Bringing and responding to a Tribunal claim; case management
Time limits, pre-hearing reviews, deposits, costs orders, striking-out
Preparation of witness statements and documents
Presentation of the case: evidence and submissions
Day Course: ‘Exploded Diagram” simulated Tribunal case (usually in May or June):
In this workshop delegates will work through the preparation and presentation of an Employment Tribunal case:
Drafting of Claim and Response
Case Management Discussions and Orders
Obtaining and using documents
Cross-examining witnesses (delegates will be coached in preparation and then have the opportunity to cross-examine)
Closing submissions (delegates will be coached and then have the opportunity to make submissions)
This seminar is led by Professor Owen Warnock
Students must study the following modules for 60 credits:
POSTGRADUATE CERTIFICATE IN EMPLOYMENT LAW
This module is aimed principally at solicitors in practice and personnel managers/HR professionals (who will often already hold the CIPD qualification). It covers the whole of modern employment law from first principles, being taught in 13 fortnightly seminars and a 10,000 word dissertation, written under personal supervision. In addition there are two whole-day seminars on methods of resolving employment disputes. The aim is to teach both the major principles and the detailed applications, so that the candidate will be able to handle employment related problems with confidence.
DisclaimerWhilst the University will make every effort to offer the modules listed, changes may sometimes be made arising from the annual monitoring, review and update of modules and regular (five-yearly) review of course programmes. Where this activity leads to significant (but not minor) changes to programmes and their constituent modules, there will normally be prior consultation of students and others. It is also possible that the University may not be able to offer a module for reasons outside of its control, such as the illness of a member of staff or sabbatical leave. Where this is the case, the University will endeavour to inform students.
- Degree Subject Relevant work/academic experience
Applications will be considered from those who can demonstrate appropriate academic skills and/or with relevant work experience (eg in Human Resource Management).
Students for whom English is a Foreign language
We welcome applications from students whose first language is not English. To ensure such students benefit from postgraduate study, we require evidence of proficiency in English. Our usual entry requirements are as follows:
- IELTS: 6.5 (minimum 6.0 in all components)
- PTE (Pearson): 62 (minimum 55 in all components)
Test dates should be within two years of the course start date.
Other tests, including Cambridge English exams and the Trinity Integrated Skills in English are also accepted by the university. The full list of accepted tests can be found here: Accepted English Language Tests
INTO UEA also run pre-sessional courses which can be taken prior to the start of your course. For further information and to see if you qualify please contact firstname.lastname@example.org
Fees and Funding
Fees for the academic year 2017/18 are:
UK/EU Students: £2,430 (part-time)
Approximately £9,135 living expenses will be needed to adequately support yourself.
Scholarships and Funding
A variety of Scholarships may be offered to UK/EU and International students. Scholarships are normally awarded to students on the basis of academic merit and are usually for the duration of the period of study. Please click here for more detailed information about funding for prospective Law students.
How to Apply
Applications for Postgraduate Taught programmes at the University of East Anglia should be made directly to the University.
To request further information & to be kept up to date with news & events please use our online enquiry form.
If you would like to discuss your individual circumstances prior to applying please do contact us:
Postgraduate Admissions Office
Tel: +44 (0)1603 591515
International candidates are also encouraged to access the International Students section of our website.
Need to know more? Take a look at these pages to discover more about Postgraduate opportunities at UEA…
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