Written by Dan Abel, LLM in Legal Practice Student at The College of Legal Practice
Review of LLM Employment Law Module
I studied the Employment Law LLM module at College of Legal Practice following my SQE2 exam. It was both a refreshing challenge and an opportunity to immerse myself in a new practice area. The module's emphasis on real-life legal practice was clear throughout.
Similar to the Dispute Resolution module, the Employment Law module involved the submission of weekly tasks, which formed the foundation for discussions during weekly supervision sessions. These tasks formed the basis of a portfolio, which was the primary assessment. Additionally, I kept a reflective diary of each unit and undertook an oral assessment with my supervisor.
The module comprised several units:
1. Reviewing Contracts of Employment:
Within this unit, I developed my skills in advising clients on the documentation employers must legally provide to employees and their rights under The Working Time Regulations 1998.
Initially, the first unit posed challenges, primarily due to my own lack of confidence. However, I received invaluable feedback from my module supervisor. This helped me to develop my knowledge and research skills, which in turn helped me to refine my initial drafts. For instance, in one task, I was required to research the requirements of an employment contract and adherence with the Employment Rights Act 1996 and the Working Time Regulations 1998. My response to the employer client was appropriately tailored and communicated recommendations for amending the contract in clear, jargon-free language, prioritising the client's best interests.;
Furthermore, another task provided me with the opportunity to amend precedent terms of a policy, making sure that the client’s instructions were followed and the policy would achieve the desired outcome.
2. Advising on Dismissal:
Navigating dismissal-related issues required me to develop an understanding of eligibility criteria for an unfair dismissal claim, practical steps for employers upon receipt of a claim (ET1) and assessing client’s documents to provide tailored advice.
Despite my familiarity with unfair dismissal issues in my professional capacity, I found delving deeper into case scenarios and correctly applying the law to be challenging. The unit helped me to refine my skills in drafting effective particulars of claim, an aspect I had limited exposure to previously. Feedback from my module supervisor, coupled with resources from Practical Law and Acas, proved invaluable in enhancing my comprehension of this area.
3. Advising on Redundancy:
This unit applied principles of unfair dismissal to redundancy scenarios. I felt relatively confident with one task which required me to prepare interview questions for an employee client. As this is something I do regularly, I viewed it as a valuable refresher of my existing knowledge. Another task prompted me to revisit the Acas early conciliation process, revealing areas for further development in my understanding. This gave me the opportunity to research using Practical Law and external resources such as Acas and Citizens Advice to assist me to prepare tailored content for an employee client.
4. Discrimination:
This unit explored discrimination in employment. It involved learning about the protected characteristics under the Equality Act 2010, identifying types of discrimination, assessing disability classification, and understanding the concept of constructive dismissal.
For example, one task required me to prepare a PowerPoint presentation, which provided an opportunity for reflection on my presentation style. Despite the challenge of striking the right balance to provide clear and concise information, the tasks in this unit contributed significantly to developing my understanding of discrimination law.
5. Whistleblowing:
Whistleblowing proved to be a challenging area for me, highlighting the need for ongoing development. My module supervisor provided useful feedback to help me improve the work I prepared, which looked at the protections available to an employee client in a whistleblowing situation.
6. Employment Tribunal Procedures:
The two units on Employment Tribunal procedures provided an introduction to a wide range of common themes during an employment tribunal claim, including drafting claim forms and reaching settlements.
I found it quite difficult, as I had no knowledge of the intricacies of Employment Tribunal procedures. However, despite my longing for precedents and examples of documents I have not come across before I was able to practice my legal research and drafting skills. By having a go at the tasks, I was able to improve my understanding through discussion with my module supervisor. In turn, this helped me to improve my work.
7. Family Related Leave and Flexible Working:
The final unit explored key rights and requirements related to family-related leave and flexible working requests.
I particularly appreciated the module's emphasis on family-related leave. One task provided an opportunity to enhance my confidence in delivering seminars, as I was required to pre-record a seminar explaining the various types of rights for family-related leave.
Conclusion
Overall, I thoroughly enjoyed the employment law module and found it sufficiently challenging. I have gained an appreciation of my competence and recognise the importance of seeking supervision and support when necessary.
Reflecting on my progress since the dispute resolution module, I also saw significant improvements in my time management skills. I found myself more effectively balancing full-time work and part-time study and I was pleased with my ability to engage fully with the employment law module while managing competing demands. These modules are a commitment and time management is something I would encourage any prospective student to consider!
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