THE BUSINESS SCHOOL

Legal Environment of Business and EmploymentBFL0041 (Year 1 Accounting)BFL0027 (Year 1 Business)BIL0034 (Year 2 Business)MODULE HANDBOOK2014-2015CONTENTSThis handbook provides information about the module and its operation. Please study it carefully.Section Page1 INTRODUCTION / WELCOME 12 MODULE SPECIFICATION 23 THE MODULE TEAM 134 DELIVERY INFORMATION 134.1 Delivery schedule 134.2 Seminar/Tutorial preparation 144.3 Module specific attendance requirements 155 ASSESSMENT INFORMATION 155.1 The assessment strategy 155.2 Assessment brief(s) 155.3 Assessment deadlines 185.4 Process for requesting an extension or submitting a claim for Extenuating Circumstances (ECs) 195.5 Formative assessment 205.6 Arrangements for the return of work and feedback 205.7 Tutor reassessment 206 GENERAL INFORMATION 206.1 Academic misconduct and referencing information 216.2 Further reading 216.3 Access to facilities 216.4 Health and Safety information 216.5 Academic Skills/Technical Support 21Appendix 11 INTRODUCTION / WELCOMEWelcome to the Legal Environment of Business and Employment course. During this course you will learn about contracts and how they play a part in daily business. You will also learn about different legal business structures and the duties involved in employment issues.2 MODULE SPECIFICATION1. Module Code BIL00342. Module Title The Legal Environment of Business andEmployment3. Schools involved in delivery University of Huddersfield Business School4. Name of Course(s) BA (Hons) Business ManagementBA (Hons) Marketing Management5. Module Leaders Gerald Swaby6. Location for delivery Queensgate7. Module Type Core8. Credit Rating 20 Credits9. Level Intermediate10. Learning Methods Lectures: 36 HoursSeminars: 12 HoursUnsupervised learning: 152 Hours11. Pre-requisites None12. Recommended Prior Study None13. Co-requisites None14. Shared Teaching None15. Professional Body Requirements None16. Graded or Non Graded Graded17. Barred Combinations None18. Module SynopsisA study of key aspects of law for business organisations, employers and employees, within an introductory and practical context.19. Outline SyllabusThe module examines the law of commercial obligations in contract particularly but also, in outline, in tort, with special emphasis on the relationship of employer and employee, distributor and customer, and professional adviser and client. The role of statutory law and the use of codes of practice in seeking to protect the health and safety of consumers, employees and the general public will also be considered.It proceeds to examine the framework of business and employment law. It considers the chief division of law, civil and criminal, the main areas of civil law and the concept of property. The creation of rights, obligations and facilities for commercial employment and property transactions by the legislature, judiciary and under Community law are then considered, in the latter case, preceded by the nature and powers of the institutions of the European Union.Tribunals, their jurisdiction and proceedings, are considered together with an appreciation of the practicability and limits of obtaining and marshalling evidence and preparing, presenting and responding to applications.The module proceeds to consider the range of relationships within business and employment and the legal implications of adopting them and, if appropriate, a business name.The sole trader or practitioner, including an introduction to income tax and national insurance contributions and with an outline of Value Added Tax, with a comparison with employees, and the implications of this comparison in practice, the rights and liabilities of the sole trader towards others, and the effects of failure.The partnership, including the Limited Liability Partnership, its existence and operation, and the rights and liability of partners between themselves and towards outsiders. An appreciation of the incorporated company, the concept of corporate personality, the availability and limits of limited liability of members, the roles of officers and auditor, and of the statutory and regulatory environment in which they are formed, operate and wound up.The employment relationship and the legislative and regulated environment in which it operates. A review of the impact of employment protection and anti-discrimination protection legislation, its relationship with rights accorded by the European Convention on Human Rights and its effect in particular on advertising, interviewing, operating and terminating the employment contract, both on an individual and collective basis. The volatile nature of legislation in this area, and the practicability of using legal proceedings in collective employment issues.Use of legal sources, including electronic sources, and methods of legal reasoning will be a pervasive theme, and the syllabus concludes with an appreciation of the use of legislation, codes of practice and self regulation within the business commercial and professional environment, and of its use to harmonise national laws within the European Union.20. Learning OutcomesKnowledge and UnderstandingOn completion of the module the student will:1 understand the key elements of contract law, and be able to analyse simple contracts, including contracts of employment and for the supply of services, their formation terms, performance and discharge;2 understand the courses and extent of non-contractual and collectively negotiated obligations within business, in employment and in the professions;3 be able to identify and access primary legal sources, appreciate the extent of their importance and the significance of keeping up to date with change and potential changes;4 be aware of the difficulties which sometimes arise in interpreting primary legal sources5 be able to identify the institutions of the European Union, appreciate their law creating functions and understand the relationship between Union law and the law of England and Wales.6 be able to identify, documents involved in, stages of and issues arising in, proceedings in tribunal;7 understand and identify the distinguishing legal characteristics of the sole tradership, the partnership and the incorporated company;8 understand the salient characteristics and objects of the contract of employment, and the legal environment in which it is formed, operates and is terminated;9 appreciate the benefit to all in a business environment of instilling and maintaining good practice consistent with, and supportable by, law, and appreciate the need to monitor potential legislative change;10 understand the limits of his or her knowledge and be able to identify situations in which to call for further advice;AbilitiesOn completion of the module the student will be able to:11 analyse a case involving the application of contract law principles, extract the operative principles and apply them to other comparable cases;12 prepare a critical written analysis of a problem which identifies relevant contract law principles which may involve an employment context, identify remedies and obligations appropriate to the circumstances, and present oral analysis and argument to a peer group and to the tutor;13 prepare a critical written analysis of a problem which identifies issues of business personality which may involve a collective employment aspect, and identify remedies and obligations appropriate to the circumstances, and present oral analysis and argument to a peer group and to the tutor;14 distinguish between the sole trader or practitioner and an employee and between a partnership and an incorporated company;15 evaluate the extent to which controllers and owners of such have rights and obligations within the business organisation, if appropriate, and towards outsiders;16 appreciate the extent to which law may regulate their formation and operation;17 assess the extent to which employment practices comply with statutory requirements, codes of practice and support the employer?s objects, and be able to critically evaluate whether change is required or advisable;18 plan and action simple proceedings in tribunal;19 effectively communicate conclusions, advice and the results of study and analysis accurately and reliably, to both a specialist and a non-specialist audience.21. Assessment Strategy21.1 Formative AssessmentA range of formative devices typically in-class tests, formative feedback on summative assessments, reviews of files and folders etc., will be used by tutors to aid learning. The exact nature of these assessment devices is at the discretion of the module tutor.21.2 Summative AssessmentAssessment tasks (including assessment weightings)CourseworkKnowledge and understanding outcomes, and ability outcomes 1,3,10 and 11 will be assessed in part by the production of a written analysis of a contract problem, which, as the minor assessment component, will form 30% of the module assessment mark, and, in part by a two-hour examination at the end of the module, when prescribed source material will be permitted as a resource. Marking is not anonymous. Students will be offered the opportunity to do a Tutor ReassessmentExamThe examination, as the major and final assessment component, will form 70% of the module assessment mark. All outcomes are assessedMarking of the exam is anonymousAssessment CriteriaThe assessment criteria are as set out in the University of Huddersfield Business School Assessment Guidelines. The guidelines provide criteria for the assessment of both coursework and examinations.22. Learning StrategyThe module will be based upon lectures, which will aim to identify and explain principles relevant to the knowledge outcomes, supported by tutorials, and private study. The tutorials will require students to undertake preliminary reading, research and problem analysis and practice learning outcome. In the tutorials students will be given the opportunity to articulate arguments to the peer group and the tutor, and may be required to do so.In tutorials it is anticipated that students following different pathways will be encouraged, as occasion lends itself, to research and cite illustrative aspects of the syllabus particularly germane to their pathway. For example, for the study of tribunals and procedure, different seminar groups will study tribunals and conclusion mechanisms appropriate to their pathway. Thus students following accountancy and finance-related pathways will study VAT tribunals and Income Tax Commissioners, students following transport and logistics pathways will study the Traffic Commissioners and illustrative aspects of magistrate?s courts procedure, and students following Human Resource pathways will study employment tribunals, the Employment Appeals Tribunal, ACAS, and the significance of Codes of Practice issued by government bodies.Appendix 1:Indicative Reading (Latest Editions)A reading list will be handed out to students at the start of the module.1. Module Code BFL 00412. Module Title The Legal Environment ofBusiness and Employment (For Accountants)3. Schools involved in delivery University of Huddersfield Business School4. Name of Course(s) BA (Hons) Accountancy & FinanceBA (Hons) Accountancy SuiteBA (Hons) Business StudiesBA (Hons) International Business (Top-Up)5. Module Leader Gerald Swaby6. Location for delivery Queensgate7. Module Type Core8. Credit Rating 20 Credits9. Level Foundation10. Learning Methods Lectures: 36 HoursSeminars: 12 HoursPrivate Study: 152 Hours11. Pre-requisites None12. Recommended Prior Study None13. Co-requisites None14. Shared Teaching None15. Professional Body Requirements Students seeking Accountancy professional bodyaccreditation will be required to obtain a minimum of 35% in each major component of assessment and a minimum of 40% overall16. Barred Combinations None17. Graded or Non Graded Graded18. SynopsisA study of key aspects of law for business organisations, employers and employees, within an introductory and practical context.19. Outline SyllabusThe module examines the law of commercial obligations in contract particularly but also, in outline, in tort, with special emphasis on the relationship of employer and employee, distributor and customer, and professional adviser and client. The role of statutory law and the use of codes of practice in seeking to protect the health and safety of consumers, employees and the general public will also be considered.It proceeds to examine the framework of business and employment law. It considers the chief division of law, civil and criminal, the main areas of civil law and the concept of property. The creation of rights, obligations and facilities for commercial employment and property transactions by the legislature, judiciary and under European Union law are then considered, in the latter case, preceded by the nature and powers of the institutions of the European Union.Tribunals, their jurisdiction and proceedings, are considered together with an appreciation of the practicability and limits of obtaining and marshalling evidence and preparing, presenting and responding to applications.The module proceeds to consider the range of relationships within business and employment and the legal implications of adopting them and, if appropriate, a business name.The sole trader or practitioner, including an introduction to income tax and national insurance contributions and with an outline of Value Added Tax, with a comparison with employees, and the implications of this comparison in practice, the rights and liabilities of the sole trader towards others, and the effects of failure.The partnership, including the Limited Liability Partnership, its existence and operation, and the rights and liability of partners between themselves and towards outsiders. An appreciation of the incorporated company, the concept of corporate personality, the availability and limits of limited liability of members, the roles of officers and auditor, and of the statutory and regulatory environment in which they are formed, operate and wound up.The employment relationship and the legislative and regulated environment in which it operates. A review of the impact of employment protection and anti-discrimination legislation, its relationship with rights accorded by the European Convention on Human Rights and its effect in particular on advertising, interviewing, operating and terminating the employment contract, both on an individual and collective basis. The volatile nature of legislation in this area, and the practicability of using legal proceedings in collective employment issues.Use of legal sources, including electronic sources, and methods of legal reasoning will be a pervasive theme, and the syllabus concludes with an appreciation of the use of legislation codes of practice and self regulation within the business commercial and professional environment, and of its use to harmonise national laws within the European Union.20. Learning OutcomesKnowledge and Understanding OutcomesOn completion of this module students will:1 understand the basic elements of contract law, and be able to analyse simple contracts, including contracts of employment and for the supply of services, their formation, terms, performance and discharge;2 understand the courses and extent of non-contractual and collectively negotiated obligations within business, in employment and in the professions;3 be able to identify and access primary legal sources, appreciate the extent of their importance and the significance of keeping up to date with change and potential changes;4 be able to identify the institutions of the European Union, appreciate their law creating functions and understand the relationship between Community law and the law of England and Wales.5 Be able to identify, documents involved in, and stages of proceedings in tribunal;6 Understand and identify the distinguishing legal characteristics of the sole tradership, the partnership and the incorporated company;7 Understand the salient characteristics and objects of the contract of employment, and the legal environment in which it is formed, operates and is terminated;8 appreciate the benefit to all in a business environment of instilling and maintaining good practice consistent with, and supportable by, law, and appreciate the need to monitor potential legislative change;Ability OutcomesOn completion of this module students will be able to:9 analyse a case involving the application of contract law principles, extract the operative principles and apply them to other comparable cases;10 prepare a written analysis of a problem which identifies relevant contract law principles which may involve an employment context, identify remedies and obligations appropriate to the circumstances, and present oral analysis and argument to a peer group and to the tutor;11 prepare a written analysis of a problem which identifies issues of business personality which may involve a collective employment aspect, and identify remedies and obligations appropriate to the circumstances, and present oral analysis and argument to a peer group and to the tutor;12 distinguish between the sole trader or practitioner and an employee and between a partnership and an incorporated company;13 explain the extent to which controllers and owners of such have rights and obligations within the business organisation, if appropriate, and towards outsiders;14 appreciate the extent to which law may regulate their formation and operation;15 assess the extent to which employment practices comply with statutory requirements, codes of practice and support the employer?s objects, and be able to identify whether change is required or advisable;16 plan and action simple proceedings in tribunal;17 Communicate conclusions and the results of study and analysis accurately and reliably;21. Assessment Strategy21.1 Formative assessmentA range of formative devices typically in-class tests, formative feedback on summative assessments, reviews of files and folders etc., will be used by tutors to aid learning. The exact nature of these assessment devices is at the discretion of the module tutor.21.2 Summative AssessmentAssessment tasks (including assessment weightings)CourseworkKnowledge and understanding outcomes, and ability outcomes 1,3, 10 and 11 will be assessed in part by the production of a written analysis of a contract problem of2,000 word which, as the minor assessment component, will form 30% of the module assessment mark, and, in part by a three-hour examination at the end of the module, when prescribed source material will be permitted as a resource.An opportunity to do a tutor reassessment will be offered. Marking is not anonymous.ExaminationThe 3hr examination, as the major and final assessment component, will form 70% of the module assessment mark and will address all knowledge and understanding and ability outcomesMarking of the exam is anonymousAssessment CriteriaThe assessment for criteria is as set out in the University of Huddersfield Business School Assessment Guidelines. The guidelines provide criteria for the assessment of both courseworks and examinations.22. Learning StrategyThe module will be based upon lectures, which will aim to identify and explain principles relevant to the knowledge outcomes, supported by tutorials, and private study. The tutorials will require students to undertake preliminary reading, research and problem analysis and practice learning outcome. In the tutorials students will be given the opportunity to articulate arguments to the peer group and the tutor, and may be required to do so.In tutorials it is anticipated that students following different pathways will be encouraged, as occasion lends itself, to research and cite illustrative aspects of the syllabus particularly germane to their pathway. For example, for the study of tribunals and procedure, different seminar groups will study tribunals and conclusion mechanisms appropriate to their pathway. Thus students following accountancy and finance-related pathways will study VAT tribunals and Income Tax Commissioners, students following transport and logistics pathways will study the Traffic Commissioners and illustrative aspects of magistrate?s courts procedure, and students following Human Resource pathways will study employment tribunals, the Employment Appeals Tribunal, ACAS, and the significance of Codes of Practice issued by government bodies.Appendix 1:Indicative Reading (Latest Editions)A reading list will be handed out to students at the start of the module.1. Module Code BFL00272. Module Title The Legal Environment of Business and Employment3. Schools involved in delivery University of Huddersfield Business School4. Name of Course(s) BA (Hons) Business StudiesBA (Hons) International BusinessBA (Hons) Business Studies with Environmental ManagementBA (Hons) Business ManagementBA (Hons) Marketing ManagementBA (Hons) Enterprise Development5. Module Leaders Gerald Swaby6. Location for delivery Queensgate & UCO7. Module Type Core BA (Hons) Business ManagementBA (Hons) Marketing ManagementBA (Hons) Business Studies with Environmental ManagementBA (Hons) Enterprise DevelopmentOption BA (Hons) Business StudiesBA (Hons) International Business8. Credit Rating 20 Credits9. Level Intermediate10. Learning Methods Lectures: 36 HoursSeminars: 12 HoursUnsupervised learning: 152 Hours11. Pre-requisites None12. Recommended Prior Study None13. Co-requisites None14. Shared Teaching None15. Professional Body Requirements None16. Graded or Non Graded Graded17. Barred Combinations None18. Module SynopsisA study of key aspects of law for business organisations, employers and employees, within an introductory and practical context.19. Outline SyllabusThe module examines the law of commercial obligations in contract particularly but also, in outline, in tort, with special emphasis on the relationship of employer and employee, distributor and customer, and professional adviser and client. The role of statutory law and the use of codes of practice in seeking to protect the health and safety of consumers, employees and the general public will also be considered.It proceeds to examine the framework of business and employment law. It considers the chief division of law, civil and criminal, the main areas of civil law and the concept of property. The creation of rights, obligations and facilities for commercial employment and property transactions by the legislature, judiciary and under Community law are then considered, in the latter case, preceded by the nature and powers of the institutions of the European Union.Tribunals, their jurisdiction and proceedings, are considered together with an appreciation of the practicability and limits of obtaining and marshalling evidence and preparing, presenting and responding to applications.The module proceeds to consider the range of relationships within business and employment and the legal implications of adopting them and, if appropriate, a business name.The sole trader or practitioner, including an introduction to income tax and national insurance contributions and with an outline of Value Added Tax, with a comparison with employees, and the implications of this comparison in practice, the rights and liabilities of the sole trader towards others, and the effects of failure.The partnership, including the Limited Liability Partnership, its existence and operation, and the rights and liability of partners between themselves and towards outsiders. An appreciation of the incorporated company, the concept of corporate personality, the availability and limits of limited liability of members, the roles of officers and auditor, and of the statutory and regulatory environment in which they are formed, operate and wound up.The employment relationship and the legislative and regulated environment in which it operates. A review of the impact of employment protection and anti-discrimination protection legislation, its relationship with rights accorded by the European Convention on Human Rights and its effect in particular on advertising, interviewing, operating and terminating the employment contract, both on an individual and collective basis. The volatile nature of legislation in this area, and the practicability of using legal proceedings in collective employment issues.Use of legal sources, including electronic sources, and methods of legal reasoning will be a pervasive theme, and the syllabus concludes with an appreciation of the use of legislation, codes of practice and self-regulation within the business commercial and professional environment, and of its use to harmonise national laws within the European Union.20. Learning OutcomesKnowledge and UnderstandingOn completion of the module the student will:1 understand the key elements of contract law, and be able to analyse simple contracts, including contracts of employment and for the supply of services, their formation terms, performance and discharge;2 understand the courses and extent of non-contractual and collectively negotiated obligations within business, in employment and in the professions;3 be able to identify and access primary legal sources, appreciate the extent of their importance and the significance of keeping up to date with change and potential changes;4 be aware of the difficulties which sometimes arise in interpreting primary legal sources5 be able to identify the institutions of the European Union, appreciate their law creating functions and understand the relationship between Union law and the law of England and Wales.6 be able to identify, documents involved in, stages of and issues arising in, proceedings in tribunal;7 understand and identify the distinguishing legal characteristics of the sole tradership, the partnership and the incorporated company;8 understand the salient characteristics and objects of the contract of employment, and the legal environment in which it is formed, operates and is terminated;9 appreciate the benefit to all in a business environment of instilling and maintaining good practice consistent with, and supportable by, law, and appreciate the need to monitor potential legislative change;10 understand the limits of his or her knowledge and be able to identify situations in which to call for further advice;AbilitiesOn completion of the module the student will be able to:11 analyse a case involving the application of contract law principles, extract the operative principles and apply them to other comparable cases;12 prepare a critical written analysis of a problem which identifies relevant contract law principles which may involve an employment context, identify remedies and obligations appropriate to the circumstances, and present oral analysis and argument to a peer group and to the tutor;13 prepare a critical written analysis of a problem which identifies issues of business personality which may involve a collective employment aspect, and identify remedies and obligations appropriate to the circumstances, and present oral analysis and argument to a peer group and to the tutor;14 distinguish between the sole trader or practitioner and an employee and between a partnership and an incorporated company;15 evaluate the extent to which controllers and owners of such have rights and obligations within the business organisation, if appropriate, and towards outsiders;16 appreciate the extent to which law may regulate their formation and operation;17 assess the extent to which employment practices comply with statutory requirements, codes of practice and support the employer?s objects, and be able to critically evaluate whether change is required or advisable;18 plan and action simple proceedings in tribunal;19 effectively communicate conclusions, advice and the results of study and analysis accurately and reliably, to both a specialist and a non-specialist audience.21. Assessment Strategy21.1 Formative AssessmentA range of formative devices typically in-class tests, formative feedback on summative assessments, reviews of files and folders etc., will be used by tutors to aid learning. The exact nature of these assessment devices is at the discretion of the module tutor.21.2 Summative AssessmentAssessment tasks (including assessment weightings)Knowledge and understanding outcomes, and ability outcomes 1,3,10 and 11 will be assessed in part by the production of an individual written analysis of a contract problem (approx 2500 words), which, as the minor assessment component, will form 30% of the module assessment mark and in part by a two-hour examination at the end of the module, when prescribed source material will be permitted as a resource. Marking is not anonymous. Students will be offered the opportunity to do a Tutor Re-assessmentThe two-hour examination, as the major and final assessment component, will form 70% of the module assessment mark. All outcomes are assessed.Marking of the exam is anonymous.Assessment CriteriaThe assessment criteria are as set out in the University of Huddersfield Business School Assessment Guidelines. The guidelines provide criteria for the assessment of both coursework and examinations.22. Learning StrategyThe module will be based upon lectures, which will aim to identify and explain principles relevant to the knowledge outcomes, supported by tutorials, and private study. The tutorials will require students to undertake preliminary reading, research and problem analysis and practice learning outcome. In the tutorials students will be given the opportunity to articulate arguments to the peer group and the tutor, and may be required to do so.In tutorials it is anticipated that students following different pathways will be encouraged, as occasion lends itself, to research and cite illustrative aspects of the syllabus particularly germane to their pathway. For example, for the study of tribunals and procedure, different seminar groups will study tribunals and conclusion mechanisms appropriate to their pathway. Thus students following accountancy and finance-related pathways will study VAT tribunals and Income Tax Commissioners, students following transport and logistics pathways will study the Traffic Commissioners and illustrative aspects of magistrate?s courts procedure, and students following Human Resource pathways will study employment tribunals, the Employment Appeals Tribunal, ACAS, and the significance of Codes of Practice issued by government bodies.AppendixIndicative Reading (Latest Editions)A reading list will be handed out to students at the start of the module.3 THE MODULE TEAMThe address for the Department within which your module is situated is:University of Huddersfield Business SchoolQueensgateHuddersfieldHD1 3DHStaff involved in the organisation and delivery of this module are as follows:Alex Thompson Course Administrator BS1/03 01484 472529m.a.thompson@hud.ac.ukJoanne Bettye Departmental Secretary BS3/21 01484 473939J.bettye@hud.ac.ukNotification of Absence Business School Reception N/A BusinessSchoolAttendance@hud.ac.ukGerald Swaby Module Leader BS3/15 01484 472831g.swaby@hud.ac.ukJackie Lane Module Tutor BS3/15 01484 473625j.a.lane@hud.ac.ukYou can normally expect academic staff to be available in their offices at the times displayed on the notices outside their rooms ? you do not need an appointment to meet with staff during these times.Contact details for all Business School staff can be found a

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