Module overview
This module introduces you to four key themes of equality law in the employment context:
(1) The principles and evolution of equality law;
(2) The forms of discrimination;
(3) The protected grounds
(4) The challenges for enforcing equality law.
You will acquire a good understanding of the relevant law. You will also develop a critical perspective of law in its wider social, economic, political and historical context, and you will be trained to successfully apply the law to factual situations.
The module will be taught in a lively manner, promoting student engagement through problem-based learning, analysis of real-life situations and discussion of topical social and policy developments.
Aims and Objectives
Learning Outcomes
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- conduct independent study and self-directed research to produce clear, orderly and well-structured opinions regarding topical developments.
- formulate and communicate arguments and your own viewpoints effectively in writing demonstrating an awareness of academic integrity;
- analyse, synthesise and draw your own conclusions from complex written texts;
- apply your knowledge to solve complex actual or hypothetical problems;
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- the different protected grounds and assess the differences between the levels of protection afforded for each of them;
- the significance and influence of European Union Law and other international standards on UK equality law.
- the nature, principles and functions of Equality Law and the main features of its sources and institutions;
- primary sources of Equality Law and use them to develop your own critical opinion on key and controversial aspects of this area of law;
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- critically evaluate the challenges which arise in the practical application of Equality Law and appraise the enforcement tools which have been developed to address those challenges;
- identify gaps and weaknesses in this area of law and contribute to the doctrinal and policy debate on how to address them, taking into account the wider legal, political, economic and social context.
- analyse the differences between different forms of discrimination and contribute to the underlying doctrinal and jurisprudential debates;
Syllabus
This module will introduce you to a number of key principles, concepts and debates in the field of Equality Law. While from a theoretical perspective these apply to Equality Law in general, to make it more manageable, the module focuses on equality law at work. Throughout the module you will be encouraged to develop a critical understanding of the political, economic and social issues that have shaped the development of this area of law.
The module is split into three inter-related sections:
Section 1 introduces the module, the principles, sources and institutions of equality law and as well as its evolution and the scope of application of the legislation.
Section 2 focuses on the analysis of the prohibited forms of discrimination and the protected grounds, including race or ethnic origin, religion or belief, age, disability and sex- related grounds.
Section 3 deals with the challenges for enforcing equality law and the tools available to address those challenges, including the shift of the burden of proof and positive action.
Several cross cutting themes will be considered throughout the module, such as the influence of European Union law and the European Convention of Human Rights, the problems associated with finding a comparator and the difference between formal and substantive equality.
Learning and Teaching
Teaching and learning methods
Teaching methods include:
• 1 x 2-hour seminar per week
• 1 x 2-hour tutorial per fortnight
Learning activities include:
• Accessing resources
• Individual study
• Self-directed research
• Group work
• Problem solving
• Essay writing
In view of enhancing your interest and motivation, the teaching team will:
• Make use of media and technology-supported learning and a range of other teaching techniques.
• Refer to topical developments in employment law and related areas.
• Invite guest-speakers - time and location constraints allowing.
| Type | Hours |
|---|---|
| Follow-up work | 10 |
| Preparation for scheduled sessions | 40 |
| Tutorial | 10 |
| Wider reading or practice | 20 |
| Revision | 40 |
| Seminar | 20 |
| Completion of assessment task | 10 |
| Total study time | 150 |
Resources & Reading list
Internet Resources
Trade Union Congress (TUC), Equality Issues.
Equality and Human Rights Commission (EHRC).
EU Fundamental Right Agency (FRA) [excellent reports and surveys on equality issues].
In particular, the TUC Equality Audit 2014.
Equality and Discrimination Law Expertise Blog.
European Working Conditions Survey 2010.
International Labour Organisation.
ACAS.
European Foundation for the Improvement of Living and Working Conditions (Eurofound).
Textbooks
Khaitan, T (2015). A Theory of Discrimination Law. Oxford: Oxford University Press.
Cabrelli, D (2020). Employment Law in Context; Text and Materials. Oxford: OUP.
Assessment
Formative
This is how we’ll give you feedback as you are learning. It is not a formal test or exam.
Essay
- Assessment Type: Formative
- Feedback: Furthermore, you will also receive feedback: - On your performance in tutorials (orally). - On a selected tutorial question (in writing). - During seminars (regarding your answers to questions asked during the session). - During revision sessions. - During feedback hours. You will also be encouraged to self-assess your progress relying on a range of materials which will be made available on Blackboard.
- Final Assessment: No
- Group Work: No
Summative
This is how we’ll formally assess what you have learned in this module.
| Method | Percentage contribution |
|---|---|
| Examination | 100% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
| Method | Percentage contribution |
|---|---|
| Examination | 100% |
Repeat
An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.
| Method | Percentage contribution |
|---|---|
| Examination | 100% |
Repeat Information
Repeat type: Internal & External