Employment Law and Practice

Employment Law & Practice

This award is for the paralegal working in their particular department in Legal Practice, Commerce, Industry or the Public Sector department doing work of a specialised or semi-specialised nature. The Fellowship Award means that a paralegal can further add to their specialist knowledge in that particular area of law and/or practice in which they are involved.

Syllabus

Sources of Employment Law: Legislation, Primary, Main Employment Acts, Delegated Statutory Instruments, Codes of Practice, European Community Law , The Community Institutions , Community Instruments

The Contract of Employment:Difference between Employed and Self-employed, Formation of Contract of Employment, Terms, Express, Implied, Incorporated, Collective Agreements, Good Faith, Restraint of Trade, Industrial Action, Continuity of Employment, Statutory Provision, Payment of Wages, Sickness, Trade Union Membership and activities. Guarantee payments, Public Duties, Training, Breach

Termination of Employment: Dismissal, Notice, Wrongful, Express, Constructive, Mutual, Resignation, Frustration Unfair Dismissal, Qualifications, Reasons for Dismissal, Fair dismissal, Code of Conduct, Rules of Procedure, Remedies, Reinstatement, Compensation, Awards

Health & Safety at Work: This is a specialised subject in its own right and only outline knowledge is required together with the ability to seek correct applications: Legislation, The Criminal Code, Enforcement, Safety Representatives, Tort, Breach of Statutory Duty, Negligence, Vicarious liability, The European Community

Discrimination: Sex, Gender, Racial, Direct, Indirect, Victimisation, Enforcement and Remedies

Other Rights: Equal Pay, Legislation, Like Work, Equal Value, Defences, Maternity Rights, Redundancy, Dismissal, Alternative Employment, Business Transfer, Procedure, Calculation

Industrial Relations: Only an outline knowledge is expected: Trade Union, Composition, Collective Bargaining and Agreements ACAS

Tribunals and Arbitration: Employment Tribunal, Jurisdiction, Composition, Practice, Application to Pre-hearing, Procedure, Role of ACAS, Pre-hearing, Review Hearing, Procedure, Costs, Remedies, Review and Appeal, Arbitration, Form, Steps, Enforcement of Award, Conciliation, Form

Legislation: The Contract of Employment; Terms; Statutory Provision; Termination of Employment; Health & Safety at Work; Tort; Discrimination; Equal Pay; Maternity Rights; Redundancy; Industrial Relations; Trade Union; Tribunals and Arbitration

Assessment

The Fellowship Award is assessed through three substantial 'work based' assignments / projects of some 5000 words each. There are no time limits involved.

Entry Requirements

One of the following:

Level 4 Diploma in Paralegals Studies

Level 7 Post Graduate Diploma in Paralegal Practice

Law Degree

ILEX Level 6

Other Equivalent (please specify)