CILEx Level 6 Unit 19 The Practice of Employment Law
CILEx Level 6 Unit 19 The Practice of Employment Law - £570
This is a course set at the equivalent to LPC in academic standard and will give you an in-depth knowledge of the Practice of Employment Law. At the end of the course you will have a very broad and deep understanding of how to implement Employment Law in England and Wales.
Who is the course for?
The course is for you if you are:
- a Chartered Legal Executive student selecting this subject as your CILEx Level 6 practice unit
- a solicitor swapping to this area of practice and looking for a refresher course
- senior legal practitioners who has not studied the Practice of Employment Law within the LPC
- a human resources or personnel manager who needs to have an in-depth knowledge of how to apply the law relating to employment and the workplace.
We recommend that you should also study CILEx Level 6 Unit 04 Employment Law if you have not studied Employment Law as part of your ILEX studies or your degree. As an alternative to the Level 6 course you may also wish to consider our CILEx Level 3 Unit 13 The Practice of 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 The Practice of Employment Law which is a standalone qualification but can also contribute to the CILEx Level 6 Professional Higher Diploma in Law and Practice or the CILEx Graduate Fast-track Diploma.
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.
Chapter 1: Introduction to Employment Law Practice
1.1 Introduction
1.2 Changing nature of employment law practice
1.3 Scope of employment law practice
1.3.1 Non-contentious employment law practice
1.3.2 Contentious employment law practice
1.4 Implications of employment law practice
1.5 Recent and likely future developments
1.5.1 Keeping up to date with employment law practice
Chapter 2: The Employment Contract and its Clauses
2.1 Introduction
2.2 Section 1 statements: the written statement of particular terms
2.2.1 The legal effect of a section 1 statement
2.2.2 Remedies for breach
2.3 Express contractual clauses
2.3.1 Probationary period clauses
2.3.2 Payment in lieu of notice
2.3.3 Confidentiality
2.3.4 Garden leave
2.3.4.1 Garden leave and restraint of trade
2.3.5 Gross misconduct clause
2.4 Implied contractual terms
2.4.1 Duties of the employer
2.4.1.1 The duty to provide work
2.4.1.2 The duty to pay wages
2.4.1.3 Duty of safety and care
2.4.1.4 The duty of mutual trust and confidence
2.4.2 The duties of the employee
2.4.2.1 Readiness and willingness to work
2.4.2.2 Duty of reasonable care and competence
2.4.2.3 Obedience of employers’ reasonable instructions
2.4.2.4 The duty of loyalty and fidelity
2.5 Post-termination clauses
2.5.1 Non-competition covenants
2.5.2 Non-solicitation covenants
2.5.3 Non-poaching covenants
2.5.4 Non-dealing covenants
2.5.5 Remedies for breach of restrictive covenants
Chapter 3: The Role of Policy and Procedure in the Employment Context
3.1 Introduction
3.2 Disciplinary, dismissal and grievance procedures
3.2.1 The ACAS Code of Practice
3.2.1.1 Disciplinary matters
3.2.1.2 Grievance matters
3.2.1.3 Discretionary power to adjust awards
3.2.1.4 ACAS conciliation services
3.2.1.5 ACAS Guidance
3.2.2 Disciplinary and dismissal procedure
3.2.3 Grievance procedure
3.3 Other core policies
3.3.1 Equal opportunities policy
3.3.2 Health and safety policy
3.3.3 Internet and email use policy
3.3.4 Family friendly and flexible working policy
3.3.5 Whistle-blowing policy
3.3.6 Sickness absence policy
3.4 Incorporating policies into the contract of employment
3.4.1 Work rules/handbooks
3.4.2 Stand-alone policies
Chapter 4: Compromise Agreements
4.1 Introduction
4.2 Formalities of compromise agreements
4.2.1 ACAS settlement agreements
4.2.2 Negotiating compromise agreements
4.3 Uses and implications of compromise agreements
4.3.1 Implications
4.4 Common terms in compromise agreements
4.4.1 Settlement sum
4.4.2 “Full and final settlement” clauses
4.4.3 Reference
4.4.4 Tax and indemnities
4.4.5 Clawback
4.4.6 Pension benefits
4.4.7 Personal injury claims
4.4.8 Restrictive covenants
4.4.9 Confidentiality
4.4.10 Costs and expenses
Chapter 5: Family-friendly Rights
5.1 Introduction
5.2 Terminology and definitions
5.3 Where to find the rights
5.4 Time off for antenatal care
5.5 Maternity leave
5.5.1 Notice
5.5.2 Return to work
5.5.3 Right not to be dismissed or to suffer detrimental treatment
5.6 Maternity pay
5.7 Paternity leave provisions
5.7.1 Paternity leave
5.7.2 Statutory paternity pay
5.8 Parental leave
5.9 Time off to care for dependants
5.10 Flexible working provisions
Chapter 6: Managing Staff Dismissal
6.1 Introduction
6.2 What counts as dismissal?
6.2.1 Express dismissal
6.2.2 End of fixed-term contract (FTC)
6.2.3 Constructive dismissal
6.2.3.1 Fundamental breach of contract
6.2.3.2 Breach caused resignation
6.2.3.3 No delay
6.3 Lawful dismissals
6.4 Potentially fair reasons
6.4.1 Capability or qualifications
6.4.2 Conduct
6.4.3 Redundancy
6.4.4 Statutory illegality
6.4.5 Retirement
6.4.5.1 Retirement age
6.4.5.2 Age discrimination
6.4.6 Other substantial reason
6.5 Reasonableness
6.5.1 Reasonableness and the potentially fair reasons
6.5.1.1 Capability
6.5.1.2 Misconduct
6.5.1.3 Reasonableness and statutory illegality
6.5.1.4 Reasonableness and dismissal for some other substantial reason
6.6 Procedural requirements for dismissal
6.7 Unfair dismissal claims and their consequences
6.7.1 Does the claimant qualify?
6.7.1.1 Is the claimant an employee?
6.7.1.2 Does the claimant have the necessary continuity of employment?
6.7.1.3 Is the claimant part of an excluded category?
6.7.1.4 Working abroad
6.7.1.5 Illegal contracts
6.7.1.6 Has the claim been brought within the three months’ time limit?
6.7.2 Was the claimant dismissed?
6.7.3 What was the reason for the dismissal?
6.7.4 Was the dismissal reasonable?
6.7.5 What remedies is a successful claimant entitled to?
6.7.5.1 Basic award
6.7.5.2 Compensatory award
6.7.5.3 Additional award
6.7.5.4 Interest on the award
6.7.5.5 Was the correct procedure followed?
Chapter 7: Employment Law Practice Relating to Transfers of Undertakings
7.1 Introduction
7.2 What is a transfer of an undertaking?
7.2.1 The extended transfer definition – service provision changeovers
7.3 The effect of transfer on contracts of employment
7.3.1 Changes to employment terms and conditions
7.3.1.1 Defining ETO reasons
7.4 Dismissals
7.4.1 Constructive
7.4.2 Transfer-connected dismissals
7.5 Other important regulations relating to transfers
7.5.1 Transfer of collective agreements and trade union recognition
7.5.2 Insolvency
7.5.3 Notification of employee liability information
7.5.4 Remedy for failure to notify employee liability information
7.5.5 The duty to inform and consult employee representatives
7.5.6 Joint and several liability
7.5.7 Contracting out
Chapter 8: Employment Tribunals
8.1 Introduction
8.2 Bringing and defending a claim in the Employment Tribunal
8.2.1 Claim form
8.2.2 Time limits for bringing a claim
8.2.3 Submitting the claim
8.2.4 Response form
8.3 Case management
8.3.1 Case management discussion
8.3.2 Pre-hearing review
8.3.3 Witness orders
8.3.4 Requests for further information and documents
8.4 Bringing and defending a claim in the courts
8.5 Appeals
8.6 Unfair dismissal scenario
Download:
CILEx courses application form 2011-12.pdf
Apply on-line through the course shop.