Health and Safety in the workplace is becoming an ever growing concern for employees and employers. The course will appeal to a wide variety of people, those looking for a change of career or those looking to gain a greater knowledge in this particular segment of the Law.
Health and Safety law is derived from a number of very different sources. Some of them are comparatively old, for example Common Law liability, whereas others are very much more recent, for example the multitude of European directives with which we are continually subjected. The purpose of this module is to try to place the subject in its rightful perspective by providing an overview of the major sources.
In module 1 we examined the sources. In this module we consider how they are put into action hence the need to consider the institutions and procedures in question. Therefore we look at the various courts, tribunals, forms of ADR and the types of action which may be appropriate to a particular case; for example criminal and civil procedures. We also consider the merits or otherwise of the system as it presently stands.
This is the first treatment of a substantive area of Health and Safety law and we will be considering the liability that an employer may incur should he fail in his duty of care under common law. Despite the age of this remedy, it remains a vital safeguard for the employee in the event of an industrial injury.
In this module we consider situations under which the employer will be liable for wrongful and, often, potentially dangerous acts committed by his employees. Having done this, we consider the primary statutory provisions which relate to this area.
During the course of this module, we address the often distressing and harmful practice of discrimination in the workplace. We consider a whole range of areas which have been subject to legislative action both by our domestic Parliament and European sources of law
The essence of this module is a review of the common law mechanisms coupled with an insight into the relevance of equity. Having completed this we then review some of the important cases within the syllabus area.
This module provides an overview of consumer law provisions and how it is necessary to input criminalise certain activities within this area with a view to protecting the health and safety of the consumer. We consider a range of criminal offences coupled with their enforcement mechanisms.
In a similar vein to the above we look at the influence of European Law with regards to our safety as consumers. Students are required to draw their knowledge of both legal sources and mechanisms gained in earlier modules.
During the course of this module we consider the implications for the human resource practitioner and how they can best seek to ensure that the major legal requirements are adhered to whilst still trying to ensure that the needs of staff remain a paramount consideration at all times.
In this final module, we look at the major legal implications for management and some of the essential processes of which they need a basic awareness; for example, the dismissal process and accident investigation.
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