A Legal Framework for Managers

A Legal Framework for Managers

The Capable Manager

The Open University

Publisher: The Open University, 1996, 208 pages

ISBN: SUP30803-7

Keywords: MBA, Legal

Last modified: Jan. 25, 2014, 1:33 p.m.

If you're new to management, or you need to develop your managerial abilities and understanding, the Professional Certificate in Management is for you. It provides a broad-based, practical introduction to the key ideas, techniques and overall competencies you need in order to manage effectively and productively in modern organisations in any part of the world.

The emphasis is on your own professional development. Everything you study is related to the management roles and responsibilities you exercise in the various functional areas of your company or organisation.

All the elements of the programme — study texts, activities and assignments, online resources, and personal and group support — ensure that you can immediately apply newly learned skills, knowledge and techniques in very practical ways. You can build on your experience and make direct links to your management development needs wherever you are in the world, whatever the size of your organisation and whether it is in the commercial, public or voluntary sector.

  • Session 1 The Legal System
    • 1.1 Common Law and Civil Law
      • Common law system
      • Civil law system
      • Differences between civil law and common law
      • Different meanings of civil law and common law
    • 1.2 The Sources of Law
      • Legislation of the European Union
        • Primary legislation
        • Secondary legislation
      • Decisions of the European Court of Justice
      • Legislation by the UK Parliament
        • Uses of legislation
        • Types of legislation
        • Interpretation of statues
      • Case law, governed by the doctrine of binding precedent
        • Distinguishing
        • Difference between a ruling of law and a finding of fact
    • 1.3 Classification of Law
      • Criminal law
      • Civil law
        • Law of contract
        • Law of tort
        • Commercial law or mercantile law
        • Compoany law
        • Employment law (or labour law or industrial law)
        • Land law
      • Terminology
      • Relationship between civil and criminal law
        • Proving your case
      • Compensation in a criminal case
    • 1.4 The Courts
      • The structure and operation of the civil courts
        • The County Court
        • The High Court
        • Court of Appeal (Civil Division)
        • House of Lords
        • Tribunals
        • Arbitration
        • Costs
      • Criminal courts
        • Types of criminal offence
        • Magistrate's Court
        • Crown Court
        • House of Lords
    • 1.5 Legal Advice and Assistance
    • 1.6 Where to Find the Law
      • Where to find statues
      • Where to find law reports
  • Session 2 The Supply of Goods and Services
    • Introduction
    • 2.1 The Law of Contract
      • What is a contract?
        • Formal and informal contracts
        • Claims for restitution
      • The practical use of the law of contract
        1. Damages
        2. Rescission
        3. A decree of specific performance
        4. Injunction
        5. Declaration
        6. Rectification of documents
      • Importance of the law of contract
      • General principles and specific contracts
      • Have we got a contract?
        • Has an offer been made?
        • Has an offer been accepted
      • Retrospective acceptance and contracts by conduct
      • Certainty of terms
      • Standard form contracts
        • Battle of the forms
      • What are terms?
      • Relative importance of terms
        • The price or other consideration
        • Price variation clauses
      • Renegotiation of contracts
        • Waiver of contractual obligations
        • Part-payment of debt
      • Payment under the contract
        • Late payment and interest clauses
      • Late performance or non-performance
        • Frustrated contracts
      • Liability for loss or damage
      • Reservation of title
    • 2.2 Liability for Unsafe or Defective Goods and Shoddy Workmanship
      • Civil liability
        • The contracting party
        • The third party as plaintiff
      • The Consumer Protection Act 1987
        • Who is liable?
        • Which courts have jurisdiction?
        • Game and produce
        • What is a 'defect' in goods?
        • Defences
        • Damages that gives rise to liability
        • Contributory neglience
        • Exemption of liability
        • Insurance
      • Terms implied into a contract for the supply of services (including financial services)
        • Implied terms as to care and skill
      • Criminal liability for unsafe goods
        • Enforcement provisions
        • Other Acts dealing with the safety of goods
    • 2.3 Liability for Incorrect Statements
      • Civil liability
        • Adevrtising puff
        • Express term of the contract
        • Implied term as to correspondence with description
        • Mere representation
      • Criminal liability for statements
        • The Trade Description Act 1968
      • Exemption clauses
        • Incorporation into the contract
      • Defeating an exemption clause
        • Statutory provision
        • Non-statutory rules aimed at controlling exemption clauses
        • Third parties and exemption clauses
  • Session 3 Employment Law
    • Introduction
      • Background ro individual employment law
      • Rights given by legislation in the 1960s and 1970s
      • Significance of Europe
      • Continuous employment
      • Background to collective employment law
    • 3.1 The Machinery of Employment law
      • The Advisory, Conciliation and Arbitration Service (ACAS)
      • Bringing an individual claim
      • Certification Officer
      • Central Arbitration Committee
      • Commissioner for the Rights of Trade Union Members
    • 3.2 Contract of Service or Contract for Services
      • The tests employed to distinguish a contract of service and one for services
        • Control
        • Entrepreneurial involvement
        • The fundamental test
        • Mutuality of obligation
        • Special cases
    • 3.3 The Contract of Employment and its Contents
      • The principles of the law of contract, as they apply to the contract of employment
      • 'Offer' and 'acceptance'
      • Consideration
      • Factors which render the contract void or voidable
      • Variation of the contract
        1. By agreement of the parties
        2. Unilateral variation
      • The terms of the contract of employment
      • Sources of the terms of employment
      • Express terms
      • Written particulars of employment
      • Content of written particulars
      • Disciplinary and grievance procedures and contracting out
      • The effect of the statutory statement in relation to the contract of employment
      • Collective agreements
      • Incorporation of terms of collective agreement into individual contracts
      • Provisions unsuitable for incorporation
      • Conflicting collective agreements
      • Incorporation and industrial action
      • Work rules, etc.
      • Employer's practice (often referred to as 'custom and practice')
      • Trade custom or usage
      • Terms implied by common law
        • Duties of employer
        • Duties of employee
      • Terms implied by the court
      • Restraint clauses in contracts of employment
      • Restraints by outside bodies, such as Trade Associations
    • 3.4 Termination of Contract of Employment
      • Definition of dismissal for the purpose of unfair dismissal or redundancy
        • Termination of the employee's contract by the employer
        • Fixed-term contract not renewed
        • Termination by the employee where he or she is entitled to terminate the contract because of the conduct of the employer
      • Dismissal at common law
        • Contracts terminable by notice
        • Fixed-term contracts
        • Contracts terminable only in a particular manner or for a particular cause
      • No dismissal
        • Where the employee resigns
        • Where the contract is for the completion of a particular task
        • Where the contract is frustrated
      • Periods of notice
    • 3.5 Redundancy Payments
      • Definition of 'dismissal'
      • Limitation period (i.e. period within which claims must be started)
      • Definition of 'redundancy'
      • Closure of the business
      • Dimnished requirement for workers of a particular type
      • A Closure of the business or a diminished requirement for workers of a particular type, at the place where the employee was employed
        • 'Bumping'
      • Re-employment or offer of re-employment
        • The offer
      • Refusal of alternative employment
      • Trial period in new employment
      • Consultation with a recognised trade union
      • Meaning of 'establishment'
      • The meaning of 'recognised union'
      • Information to be given to the union
      • Special circumstances
      • Protective award
      • Notification of the Department of Employment
      • Calculation of the redundancy payment
      • Dismissal during period of notice
    • 3.6 Transfer of Undertakings
      • Dismissal in connection with a transfer
      • Dismissal for an economic, t3echnical or organisational reason
      • Relationship between the Regulations and the pre-existing law
      • What is an 'undertaking'?
      • What constitutes the transfer of an undertaking or business?
      • Time of dismissal
      • Non-acceptance of the transfer by the employee
    • 3.7 Unfair Dismissal
      • Wrongful dismissal
      • Present day relevance of wrongful dismissal
      • Qualification for unfair dismissal
      • Exclusions
      • What must be proved?
        • The fact of dismissal
        • The reason for the dismissal
      • Acting reasonably
        • Dismissal for the reason given — 'band of reasonableness' test
        • Dismissal for lack of capability due to incompetence
        • Dismissal because of incapability due to ill health
        • Dismissal related to the conduct of the employee
        • Dismissal in the belief that the employee has been guilty of misconduct
        • Criminal offences committed away from the workplace
        • Unfair redundancy
        • 'Some other substantial reason'
      • Was the dismissal handled fairly?
        • Fair procedure in cases of incompetence and misconduct
        • Where a consultation or warning would be useless
        • Procedural rights under a contract
        • Fair procedure in ill-health dismissals
        • Is there a need to offer alternative employment?
        • Occupational sick-pay schemes
        • Spent convicttions
      • Unfair dismissal and industrial action
      • Remedies for unfair dismissal
      • Reinstatement or -re-engagement
        • Procedure for ordering reinstatement or re-engagement
        • Non-compliance with an order for reinstatement or re-engagement
      • Compensation
        • Basic award
        • Compensatory award
        • Additional award
        • Special award
        • Interim relief
    • 3.8 Discrimination in Employment
      • Discrimination against disabled people
      • Age discrimination
      • Racial discrimination
      • Sex discrimination
      • The relationship between the Equal Pay Act and the Sex Discrimination Act
    • 3.9 Equal Pay
      • The equality clause
      • Meaning of 'same employment'
      • Selection of a man with whom comparion may be made
      • Like work
      • Work rated as equivalent
      • Work of equal value
      • The effect of an existing job evaluation study
      • Defence to an equal pay claim
      • Market forces and collective bargaining as genuine material factors
        • Collective bargaining
        • Market forces
      • 'Red circling'
      • Wage scales
      • Part-time workers
      • Retirement benefits
    • 3.10 The Race Relations Act 1976 and the Sex Discrimination Act 1975
      • Discrimination under the Acts
      • What is discrimination?
      • Direct discrimination
      • Discrimination on the ground of pregnancy
      • Proving that the discrimination was on the ground of race or sex
      • Indirect discrimination
        • Requirement or condition
        • Smaller proportion of women or members of a racial group able to comply
        • Justification irrespective of sex or race
      • Discrimination by way of victimisation
      • Discrimination against married persons in the field of employment
      • Discrimination in employment
      • Sexual or racial harassment
      • Advertisements
      • Exceptions
        • Private households
        • Sex or race as a Genuine Occupational Qualification (GOQ)
      • Discriminatory training
      • Positive discrimination and positive action
      • Remedies
        • Action by an individual
        • Action by the Equal Opportunities Commission or the Commission for Racial Equality
      • Formal investigations
    • 3.11 The Employee’s Wages
      • Itemised pay statements
      • Sick pay
      • Wages during lay-off and short-time working
      • Guarantee payments
        • Circumstances in which the payment is due
        • Amount and extent of entitlement
        • Application to an Industrial Tribunal
        • Exemption orders
      • Suspension on medical grounds
      • Deductions from wages
        • Exceptions/li>
        • Special rules relating to retail employment
        • Complaints of unlawful or excessive deductions or payments
    • 3.12 Maternity Rights
      • A dismissal on the ground of pregnancy or a reason connected with pregnancy or with childbirth is automatically unfair
      • The right to time off work for ante-natal care
      • The right to statutory maternity pay
      • The right to maternity leave
      • The right to return to work
        • Modifications of the basic right
        • Procedure for the exercise of the right
    • 3.13 Miscellaneous Employment Rights
      • Right to paid time off
      • Right to unpaid time off
      • Remedies
      • Jury service
      • Access to medical records
  • Session 4 Health and Safety at Work
    • Introduction
    • 4.1 Criminal Liability for Health and Safety at Work
      • Machinery of enforcement
        • Inspectors
        • Powers of inspectorate
        • Improvement Notices
        • Prohibition Notice
        • Appeals
        • Criminal liability
        • Prosecution of offences
        • Penalties
        • Persons to be prosecuted
        • Institutions operated by the Crown
        • Information
        • Safety representatives and safety committees
      • Duties under the HASAWA
        • General duties of the employer to his or her employees
        • General duties of employers and the self-employed to persons other than their employees
        • Duties as a controller of premises
        • Duties of a manufacturer regarding articles and substances for use at work
        • Duties on employees
        • Duty not to interfere with or misuse things
        • Duty not to charge employees
        • Regulations
        • Management of He4alth and Safety at Work Regulations
        • The Workplace (Health, Safety and Welfare) Regulations 1992
        • Provision and Use of Work Equipment Regulations 1992
      • Other Regulations
        • Reporting of accidents and diseases
    • 4.2 Civil Liability for Health and Safety at Work
      • Who can be sued?
        • Vicarious liability
      • Breach of contract
      • The tort action
        • Breach of statutory duty
        • Advantages of breach of statutory duty action over an action for neglience
        • Does breach of the statutory duty give a right to bring a civil action?
        • Defences
        • The tort of neglience
        • What must be proved
        • Conformity with accepted practice
        • Later acts of third parties
        • Later acts of the plaintiff
      • Occupiers' Liability Act 1957 and 1984
        • Lawful visitors
        • Trespassers
        • Defences to the torts of breach of statutory duty, neglience and occupiers' liability
      • Damages
        • Living plaintiffs
        • Damages on death

Reviews

A Legal Framework for Managers

Reviewed by Roland Buresund

Decent ****** (6 out of 10)

Last modified: May 21, 2007, 2:54 a.m.

What a British manager need to know.

In reality, it is very oriented towards the laws of England and Wales.

I have read a lot of legal literature that is much worse.

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