CILEx Level 6 Unit 04 Employment Law
CILEx Level 6 Unit 04 Employment Law - £540
This is a course set at the equivalent to honours-degree level and will give you an in-depth knowledge of Employment Law. At the end of the course you will have a very broad and deep understanding of how Employment Law affects the working environment in England and Wales. As well as knowing what the law is in relation to employment matters, you will understand the sources of law including the impact of EU law and the European Convention of Human Rights.
Who is the course for?
The course is for:
- Associate Members of CILEx using this course as one of their three Level 6 law units to achieve Graduate Membership of CILEx
- any Graduate Member of CILEx or Chartered Legal Executive wishing to use this subject as the elective subject to fulfil the Solicitors Regulation Authority's academic stage of training
- senior legal practitioners working in employment law who have not studied this area of law as part of their degree, or who wish to refresh their knowledge
- human resources or personnel managers who need to have an in-depth knowledge of the law relating to employment and the workplace.
We recommend that practitioners should also study CILEx Level 6 Unit 19 The Practice of Employment Law which delivers the procedural knowledge and skills required by employment law or human resources practitioners. As an alternative to the Level 6 course you may also wish to consider our CILEx Level 3 Unit 6 Employment Law course which delivers detailed knowledge of the most common workplace issues. The Level 3 course is equivalent to A level in standard and might be a good starting point if you have not studied law before.
What qualification will I get?
Success in the course will lead to the award of an ILEX Level 6 Single Subject Certificate in Employment Law which is a standalone qualification but can also contribute to the CILEx Level 6 Professional Higher Diploma in Law and Practice.
What will I learn?
The course delivers the CILEx syllabus for this unit. Please click on the link to see the syllabus content expressed in terms of broad learning outcomes as well as the detailed knowledge, understanding and skills that are delivered by the course. ITC publishes a course manual every year to deliver the CILEx syllabus and the table of contents (2011 edition) is reproduced below. You can also view sample pages from the course manual.
As you would expect from a course at this level you wil be taught the sources of law, how to identify the legal issues in a given scenario and what the remedies and defences might be. Trade union law and health and safety legislation is not covered by the syllabus.
Chapter 1: The Sources and Structure of Employment Law
1.1 Introduction
1.2 The effect of common law
1.3 Legislation
1.4 The influence of European law
1.5 Human Rights Act 1998
1.6 Employment Tribunals
1.7 ACAS
Chapter 2: Who is an Employee?
2.1 Introduction
2.2 The significance of contract
2.3 Employment status
2.4 Identifying a contract of employment
2.4.1 The control test
2.4.2 The organisation/integration test
2.4.3 The multiple (economic reality) test
2.4.4 The personal services test
2.4.5 The “mutuality of obligation” test
2.5 Some special cases
2.5.1 Homeworkers or outworkers
2.5.2 Casual and agency workers
2.5.2.1 The Agency Workers Regulations 2010
2.5.3 Fixed-term employees and part-time workers
2.5.4 Office holders
2.5.5 Crown servants
2.5.6 Students, trainees and apprentices
2.5.7 Borrowed employees
Chapter 3: The Contract of Employment
3.1 Introduction
3.2 Formation of contract
3.2.1 Capacity
3.2.2 Form
3.2.3 Written statement of terms
3.2.3.1 Content
3.2.3.2 Enforcement
3.3 Terms of the contract
3.3.1 Express terms
3.3.2 Implied terms
3.3.2.1 Conflict between express and implied terms
3.3.3 Collective agreements
3.3.4 Works rules
3.3.5 Custom
3.4 Duties of employers
3.4.1 Provision of work
3.4.2 Exercise of reasonable care
3.4.3 Mutual trust and confidence
3.4.4 Provide proper information
3.4.5 References
3.5 Duties of employees
3.5.1 Obedience
3.5.2 Personal service
3.5.3 Reasonable care
3.5.4 Good faith/fidelity
3.5.4.1 Not to disrupt the employer’s business interests
3.5.4.2 Duty not to compete
3.5.4.3 Confidential information
3.5.4.4 Inventions and patents
3.5.4.5 Disclosure of information concerning the employment
3.5.4.6 Duty to account
3.6 Variation of contract terms
3.6.1 Redundancy
3.6.2 “Flexibility clauses”
3.7 Other contractual terms
3.7.1 Restrictive covenants
3.7.2 Garden leave clauses
Chapter 4: Rights Relating to Working Hours, Holiday and Pay
4.1 Introduction
4.2 The Working Time Regulations 1998
4.2.1 Introduction to the Working Time Regulations 1998
4.2.2 Who do the Regulations apply to?
4.2.3 The 48-hour week
4.2.3.1 Working time
4.2.3.2 Reference periods – the weekly working time
4.2.3.3 Opt-outs
4.2.4 Statutory paid annual leave
4.2.5 Rest periods
4.2.6 Rest breaks (reg 12)
4.2.7 Pattern of work (reg 8)
4.2.8 Night workers
4.2.9 Exclusions and derogations
4.2.10 Records (reg 9)
4.2.11 Enforcement
4.2.12 Reform
4.3 The National Minimum Wage Act 1998
4.4 Deductions from wages
4.4.1 Wages
4.4.2 Deductions
4.5 Itemised pay statement
Chapter 5: Discrimination
5.1 Introduction
5.2 Protected characteristics
5.2.1 Age
5.2.2 Disability
5.2.2.1 Physical or mental impairment
5.2.2.2 Substantial
5.2.2.3 Long-term effect
5.2.2.4 Normal day-to-day activities
5.2.3 Gender reassignment
5.2.4 Marriage and civil partnership
5.2.5 Pregnancy and maternity
5.2.6 Race
5.2.7 Religion or belief
5.2.8 Sex
5.2.9 Sexual orientation
5.3 Prohibited conduct
5.3.1 Direct discrimination
5.3.1.1 Proving direct discrimination
5.3.2 Dual discrimination
5.3.3 Indirect discrimination
5.3.3.1 Provision, criterion or practice
5.3.3.2 Causing a disadvantage
5.3.3.3 The claimant must be put at a disadvantage
5.3.3.4 Justification – a proportionate means of achieving a legitimate aim
5.3.4 Harassment
5.3.5 Victimisation
5.3.6 Discrimination arising from a disability
5.3.7 Duty to make reasonable adjustments
5.3.8 Pregnancy and maternity discrimination at work
5.4 Discrimination in employment
5.4.1 Recruitment
5.4.1.1 Positive action
5.4.2 During employment
5.5 Burden of proof
5.6 Exceptions
5.6.1 Occupational requirements
5.6.2 Religious requirements relating to sex, marriage and sexual orientation
5.6.3 Ethos based on religion or belief
5.6.4 Retirement
5.7 Liability for discrimination
5.8 Obtaining information
5.9 Enforcement
5.10 Remedies
Chapter 6: Equal Pay
6.1 Introduction
6.2 The equality clause
6.2.1 The comparator
6.3 The criteria
6.3.1 Like work
6.3.1.1 Different responsibilities
6.3.1.2 Different duties
6.3.1.3 Different hours
6.3.2 Work rated as equivalent
6.3.3 Work of equal value
6.4 Material factor
6.4.1 “Red-circling”
6.4.2 Geographical location
6.4.2.1 Responsibility allowances and bonuses
6.4.3 Market forces
6.4.4 Other grounds
6.5 Obtaining information
6.5.1 Questionnaires
6.5.2 Secrecy clauses
6.5.3 Pay audits
6.6 Enforcement and remedies
6.7 Relationship between Equal Pay and Sex Discrimination
6.8 European cases
Chapter 7: Wrongful Dismissal
7.1 Introduction
7.2 The criteria for wrongful dismissal
7.3 Jurisdiction
7.4 Remedies for wrongful dismissal
7.4.1 Injunctions and specific performance
7.4.2 Damages
7.4.2.1 Damages for manner of dismissal
7.4.2.2 Loss of wages
7.4.2.3 Reduction of damages
7.4.2.4 Costs
7.5 How to answer a wrongful dismissal problem question
Chapter 8: Unfair Dismissal
8.1 Introduction
8.2 Qualifying requirements
8.2.1 Claimant must be an employee
8.2.2 One year’s continuous service
8.2.2.1 What is continuous service?
8.2.2.2 Weeks which count even though there is no contract
8.2.2.3 Strikes
8.2.2.4 Change of employer
8.2.2.5 Transfer of business
8.2.3 The effective date of termination
8.2.4 Claimant must bring his claim in time
8.2.5 Claimant must have been dismissed
8.2.5.1 The employer terminates the contract with or without notice
8.2.5.2 A fixed-term contract has expired
8.2.5.3 Constructive dismissal
8.2.6 Other exclusions
8.3 Reasons for dismissal
8.4 Automatically fair reasons for dismissal
8.5 Automatically unfair reasons for dismissal
8.5.1 Trade union membership and activity
8.5.2 Dismissal in connection with health and safety responsibilities
8.5.3 Dismissal in connection with protected industrial action
8.5.4 Family reasons
8.5.4.1 Dismissal of replacement
8.5.5 Dismissal on ground of assertion of statutory rights
8.5.6 Protected disclosures
8.5.7 Transfer of undertakings
8.6 Potentially fair reasons for dismissal
8.6.1 Capability or qualifications
8.6.1.1 Ill health
8.6.1.2 Lack of skill or competence
8.6.2 Conduct
8.6.2.1 Disobedience
8.6.2.2 Absence without leave
8.6.2.3 Insolence and rudeness
8.6.2.4 Carelessness and inefficiency
8.6.2.5 Criminal conduct
8.6.3 Redundancy
8.6.4 Statutory restriction
8.6.5 Some other substantial reason
8.6.5.1 Refusal by employee to accept change in terms
8.6.5.2 Conflict between employees
8.6.5.3 Other examples
8.7 The reasonableness of the employer
8.7.1 Procedural fairness
8.7.1.1 Acting reasonably in forming a view of the facts
8.7.1.2 Adopting a reasonable procedure
8.7.2 Acting reasonably in concluding dismissal warranted
8.8 Pressure on employer
8.9 Remedies for unfair dismissal
8.9.1 Reinstatement
8.9.2 Re-engagement
8.9.3 Compensation
8.9.3.1 Basic award
8.9.3.2 Compensatory award
8.9.3.3 Additional award
8.9.3.4 Relationship with other claims
8.9.4 Costs
8.9.5 Interim relief
8.9.6 Interest
8.10 How to answer an unfair dismissal problem question
Chapter 9: Redundancy and Transfer of Undertakings
9.1 Introduction
9.2 Policy behind legislation
9.3 What is redundancy?
9.3.1 Closure of the business
9.3.2 Closure of the workplace
9.3.3 Changes in the requirements of the business
9.4 The qualifying requirements for redundancy pay
9.4.1 Exclusions
9.4.2 Dismissal for redundancy reasons
9.4.2.1 Redundancy and misconduct
9.5 Procedure for handling redundancies
9.5.1 Consultation procedure
9.5.1.1 Timings
9.5.1.2 Consultation and failure to consult
9.5.1.3 Protective awards
9.5.2 Notification
9.5.3 Selection procedure
9.5.3.1 Fair selection procedure
9.5.4 Voluntary redundancy
9.5.5 Offer of re-engagement or alternative employment
9.5.5.1 Trial period
9.6 Claims
9.7 Calculation of payment
9.8 How to answer a redundancy problem question
9.9 Transfer of undertakings
9.9.1 Introduction to TUPE
9.9.2 Relevant transfer
9.9.2.1 Transfer of an undertaking or business
9.9.2.2 Service provision change
9.9.3 Effect of transfer
9.9.4 Occupational pensions
9.9.5 Consultation provisions
Application
Download: CILEx courses application form 2011-12.pdf
Apply on-line through the course shop.