Full list of modules and course information
Each module will last about two hours (about 60 to 90 minutes, and working through a workbook, followed by a Q&A session). All modules are recorded so you can learn at your own pace.Part One : Introduction to Employment Law
The Contract of Employment
Implied Terms – Employer Duties
Other implied terms
Implied Terms – Employee Duties
Introduction
The types of relationship
Why does it matter?
An employee
A worker
Independent contractor
How to determine employment status
The gig economy – worker status
Practical considerations
Continuity of employment
National Minimum Wage
Unlawful deductions from wages
Unfair v wrongful dismissal
Part Two : Dismissal
Termination by:
- dismissal
- resignation
- non-renewal of fixed-term contracts
- mutual consent
- death and insolvency
- retirement
Constructive dismissal
- repudiatory breach
- the last straw
- resignation in response to the breach
- waiving the breach
- qualifying for Unfair Dismissal Rights
Unfair dismissal: potentially fair reasons
Statutory definition
Qualifications
Capability
Competence/Performance
Procedure for Capability/ Performance Dismissals
Ill Health
Introduction
Burchell - the famous case
The band of reasonable responses and the ‘vice of substitution'
The Acas Code of Practice
Disciplinary rules
Gross misconduct
Warnings
Investigation
Disciplinary hearing
Appeals
Reasonableness of dismissal as a sanction
What is redundancy?
Redundancy and Unfair Dismissal
Individual Consultation
Collective Consultation
Time off work
Dismissal to Achieve Change of Terms and Conditions
What is an automatically unfair dismissal?
Which dismissals are automatically unfair?
TUPE
Dismissals Related to Health and Safety
Whistleblowing
- what amounts to a protected disclosure?
- employment status: who can qualify for protection?
- what amounts to a detriment?
- when will a whistleblower be automatically unfairly dismissed?
- compensation for whistleblowing dismissal and detriment
- interim Relief
Part Three : Discrimination
The framework
- Protected characteristics
- Types of discrimination
- Areas subject to discrimination law
- Who can bring a claim?
Direct Discrimination
- The comparator
- Less favourable treatment
- ‘Because of’ a protected characteristic
- Perception discrimination
- Discrimination by association
Indirect Discrimination
- Provision, Criterion or Practice (PCP)
- ‘Particular disadvantage’
- Claimant also put at that disadvantage
- Justification
Harassment
- Unwanted conduct
- Related to a protected characteristic
- Purpose or effect
Victimisation
- What is a protected act?
- Detriment
- ‘Because’ of a protected act
Proving discrimination
- The shifting burden of proof
- What kind of inferences are permitted?
Defences and exemptions
- Occupational requirements
- Statutory requirements and national security
- Exempted occupations and events
- Positive action and positive
discrimination
Liability of employers
- Employment relationship
- In the course of employment
- The ‘all reasonable steps’ defence
Sex Discrimination
Pregnancy and Maternity Discrimination
Equal Pay
Age Discrimination
Disability Discrimination
Gender Reassignment
Marriage and Civil Partnership Discrimination
Race Discrimination
Religion and Belief Discrimination
Sexual Orientation Discrimination
Fixed term Employees
Part-time Workers
Health & Safety (in the
context of maternity)
Maternity leave
Other Types of Leave
The meaning of “disability”
Associated with / arising from
Reasonable adjustments
Age
Employer Justified Retirement Age
Part Four : Working Time, Remedies and Tribunal Claims
Working Time Regulations
Annual leave and holiday pay
Flexible Working
Unfair Dismissal
- Reinstatement and Rengagement
- Basic Award
- Compensatory Award
- Recoupment
- Enforcement
- Penalties
- Other remedies
Discrimination
- Declarations and Recommendations
- Compensation
- Injury to Feelings
- Personal Injury
- Interest
- Taxation
Settlement
- Settlement Agreements
- Settlement through Acas
- Settlement via the tribunal
Time Limits
- Extension of Time: ‘not reasonably practicable’
- Other Time Limits
Acas Early Conciliation
The Employment Tribunal Rules
Starting the Claim
- The Claim Form
- Responding to the Claim
- Initial Sift
- Case Management
- Preliminary Hearings
- Amendments to the Claim or Response
- Strike Out and Deposit Orders
- Preparation for the Final Hearing
Final Hearing
- Costs
- Reconsideration and Appeals
- Judicial Mediation
- Judicial assessment
Time limits
Acas Early Conciliation
The ET1
The ET3
Preliminary Hearings
Disclosure
Witness statements
Bundles
Judicial mediation
The hearing
Appeals
Time limits
Acas Early Conciliation
The ET1
The ET3
Preliminary Hearings
Disclosure
Witness statements
Bundles
Judicial mediation
The hearing
Appeals
Part 1 : The Basics
Sources of contract terms
- written contract
- other documents eg offer letter, advert
- collective agreements
- implied terms – sources
- implied terms – trust and confidence (intro)
Written statement of particulars of employment
Continuity of employment
Employment status
- employees
- workers
- independent contractors
- gig economy workers
- agency workers
- part-time
- fixed term
Part 2 : Dismissal
Termination by:
- dismissal
- resignation
- non-renewal of fixed-term contracts
- mutual consent
- frustration
Constructive dismissal
- breach of express terms
- implied term of trust & confidence (detail)
Potentially fair reasons for dismissal:
- capability (intro)
- conduct (intro)
- redundancy (intro)
- statutory ban
- SOSR
Substantive v procedural
Unfair v wrongful
Capability
- performance
- short-term absence
- long-term absence
- dismissal procedures
Qualifications
Acas Code of Practice: Disciplinary and Grievance Procedures
The Burchell test for misconduct
- honest belief
- reasonable grounds
- reasonable investigation
Appeal
Sanction
What is redundancy?
Redundancy payments
- statutory
- enhanced by employer
Consultation
- individual
- collective
Unfair dismissal and redundancy
Dismissal to achieve change to terms of employment
Health & Safety
Whistleblowing
TUPE
Part 3 : Discrimination
Sources of discrimination law
The protected characteristics
Defining discrimination:
- direct (including associative and perceptive)
- indirect
- harassment
- victimisation
Positive action and positive discrimination
Employer and individual liability for discrimination
Sex
Marital status/civil partnership
Maternity/pregnancy
Sexual orientation
Gender reassignment
Race
Religion or belief
The meaning of “disability”
Associated with / arising from
Reasonable adjustments
Age
Employer Justified Retirement Age
Part 4 : Additional Topics & Tribunal Claims
Definition of work
Annual leave
Rest breaks
National minimum wage
Equal pay
Itemised pay statements
The right to request flexible working
Discrimination on grounds of pregnancy
Health and safety of pregnant workers
Time off for antenatal care
Unfair dismissal and redundancy during pregnancy or maternity leave
The right to maternity leave and maternity pay
Other types of leave:
- paternity leave
- adoption leave
- parental leave
- time off for dependants
Likely forthcoming changes to family rights
Calculating loss of earnings
- basic calculation
- mitigation
- contributory fault
- Polkey
Unfair Dismissal
- reinstatement and re-engagement
- basic award
- compensatory award
- interim relief for whistleblowing/trade union activities
Discrimination
- financial losses
- injury to feelings
- personal injury
- aggravated damages
s207A uplift
Grossing up
Interest
Time limits
Acas Early Conciliation
The ET1
The ET3
Preliminary Hearings
Disclosure
Witness statements
Bundles
Judicial mediation
The hearing
Appeals