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LAW-40088 - Module Specification
School of Law
Faculty of Humanities and Social Sciences

For academic year: 2023/24 Last Updated: 13 February 2024

LAW-40088 - Employment Status; current controversies
Coordinator:
Lecture Time:
Level: Level 7
Credits: 30
Study Hours: 300
School Office: 01782 733218

Programme/Approved Electives for 2023/24

None

Available as a Free Standing Elective

No

Co-requisites

None

Prerequisites

None

Barred Combinations

None

Description for 2023/24

This is a foundational area of employment law and provides a basis for the acquisition of basic employment rights. Employment status is a gateway to rights such as protection against unfair dismissal. Determining employment status has been a complex area of law since inception but now exacerbated by the development of the gig economy and opaque attempts to remove the employment protections afforded to employees by labelling them as contractors or workers.
Available on a modular basis this module will appeal to HR professionals, recent graduates from different disciplines but also junior lawyers interested in developing expertise in this area of legal work.

Aims
This module provides an overview of the legal tests and determination of employment status as well as discussion of statuses such as 'worker' and the advent of the gig economy and zero hours contracts. It incorporates a detailed examination of the caselaw and it's interpretation in this complex area of legal practice. The political, commercial and societal drivers in this area of developing law will also be examined.

Intended Learning Outcomes

Critically evaluate the advantages and disadvantages of different models of employment, self employment and worker status for both companies and individuals: 1
Critically analyse the key practical and legal factors influencing the legal status of an individual: 1
Critically evaluate and interpret the societal, commercial and political factors which influence the development of this area of law: 1,2
Advise a client on the employment status of an Indvidual and the restrictions (if any) which apply: 1
Critically evaluate and interrogate and apply the relevant caselaw and statute to the scenario provided: 1
Reflect on their own personal and professional development: 2

Study hours

18 hours seminar contact
3 hours staff-student consultation: Q&A drop in sessions to discuss the assessment
109 hours independent preparation including pre-seminar reading and activities
170 hours independent research/writing = 300 hours total

School Rules

None

Description of Module Assessment

Please note that for the 2022/23 Academic Year programmes may be adapted to operate in accordance with a flexible, digital approach. This means that there may be some changes made to how modules are delivered and assessed. The latest information will be provided to you by your School in module handbooks. We endeavour to give you as much notice as possible of any changes and details about the circumstance in which changes are made to programmes can be found in the Student Agreement, available at: https://www.keele.ac.uk/student-terms-and-conditions/

Last Updated: 13 February 2024