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5OS01 Assignment Example

  • September 23, 2022
  • Posted by: Harry King
  • Category: CIPD Level 5

5OS01 ASSIGNMENT EXAMPLE

Task 1:  Manager’s Briefing Paper

Ac 1.1 an evaluation of both the aims and at least three objectives of employment regulation.

Most laws and regulations on employment are written from the perspective of the worker. They are frequently put in place to perform a variety of things, such as a guarantee that workers are treated fairly, that government policy is implemented, that social and economic goals are met, and that a business is complying with international legal commitments.

Protection of Employees

The International Labour Organization (ILO) is widely acknowledged as having a vital role in establishing the goals of international employee legislation, with a focus on worker protection (Factorial HR, 2022). The International Labour Organization (ILO) established an employment protection law that was accepted by several nations including the United Kingdom. This legislation protects workers against discrimination and workplace injury. Accordingly, employers have a responsibility to shield their employees from any form of discrimination based on factors such as race, colour, or religion. The Health and Safety at Work etc Act 1974 safeguards workers in the workplace by ensuring that workplaces are safe and supply PPE to their staff (HSE, 2020).

Equality Act 2010 ensures equal chances and eradicates discrimination promoting fairness in the workplace (Factorial HR, 2022). The laws established by employment law are essential for proving that compensation and benefits are equitable. It also ensures that employees are treated properly and diversity and equality are more appreciated and respected when there is a culture of justice in the workplace. Furthermore, the act ensures that employees are paid following the agreements they made with their employers.

Equality Act 2010 establishes the basis for judicial jurisdiction by determining whether or not the termination of an employee’s employment followed the correct processes and was fair or unjust (Factorial HR, 2022). Employees are at risk of being terminated unfairly if not given procedural fairness in their termination process. Therefore, the regulation requires the employer to give the employee a reasonable opportunity to respond to allegations, seriously consider the claims that the employer is making against them, and then make a decision regarding a suitable penalty, which may include termination of employment terms based on evidence.

AC 1.2 An Examination of the Role Played by the Tribunal and Courts System in Enforcing Employment Law Covering the Hierarchy of the Court System in the UK

Employment Tribunals are a type of independent judicial body set up to hear cases involving potential violations of an employer’s rights by an employee (CIPD, 2022). Wrongful termination, discrimination, wages, and severance pay are common cases solved in court. Tribunals operate with a greater degree of informality and employment tribunal cases that are appealed often move to the Employment Appeal Tribunal, and from there to the court of appeals and ultimately the Supreme Court.

An unsuccessful party can seek a review of a judgement or decision by appealing to the presiding tribunal. The opposite party may appeal to the Employment Appeal Tribunal if it believes the tribunal did not appropriately apply the law or that the review process was flawed. In the event of a loss, the losing party has 21 days to file an appeal with the Court of Appeals (Suff, 2022). If the result still does not sit right with the complaint, they can take it up with the Supreme Court, but they will have to present their case strictly on legal grounds, showing that the law was not followed by the lower courts. And it only considers appeals in the most significant matters that affect the general public. If nothing else, it is the last resort for criminal and civil issues. Any national court or tribunal in Europe can seek a judgement from the European Court of Justice, as it is the highest court in Europe. However, it only hears cases like these if they involve European labour rules. The judicial equivalent of the administrative employment tribunals is the court system, where cases are initially heard at the county level and then moved to higher courts if an appeal is filed.

AC 1.3 An Explanation of How:

Employment cases are settled in terms of the role of acas and use of cot3 (gb) and the early conciliation process before the start of proceedings.

The Employment Rights Act of 1996 details the processes for resolving employment-related disputes. It is strongly advised that before going to an employment tribunal, an employee first submit a formal complaint to the ACAS. ACAS may mediate workplace disagreements if both parties agree to its involvement. ACAS’s goal is to help the parties reach a mutually agreeable resolution to the dispute. When ACAS identifies the cause of the conflict and gives each side a chance to air their grievances, it has fulfilled its mission.

ACAS may first step in when a claimant announces their intention to claim to ascertain whether or not the claimant is interested in early conciliation (Davidsonmorris, 2020). If the employee is willing to participate in early conciliation, ACAS will request information from them. A follow-up communication, an email, letter, or phone call detailing the individual’s final decision and the nature of the dispute is required. The conciliator will then interact with the complaint to get insight into the complainant’s desired resolution. After receiving confirmation from the responder, the conciliator will initiate communication between the parties to resolve. As soon as a settlement is reached, the conciliator will write a formal agreement using the COT3 form and underline the parameters of the agreement (Davidsonmorris, 2020). When all parties sign a COT3 agreement, the tribunal concludes the case.

Cases are Setting During Formal Legal Proceedings in Terms of Settlement Agreements

When a case is settled during formal legal proceedings, the parties will negotiate and determine the terms of a settlement agreement. This can be done through mediation or arbitration (Pon Staff, 2021). If the parties agree, then all procedural steps are taken to apply for that settlement on behalf of the client and move on to other cases or business activities with complete certainty that the case has been resolved. Mediation entails selecting a third party with no stake in the outcome of the dispute to act as an impartial arbiter. They instead pose a series of questions to both the employer and the employee to get to the bottom of the matter at hand. They help both parties identify the core issues at play and work together to achieve a mutually agreeable resolution. The primary goal of mediation in a work setting is to keep the working relationship between the employer and employee at the same level it was before the conflict arose. Arbitration is a process in which an impartial person is hired to hear both the arguments and grievances of the parties involved and come to a decision on their own. The arbitrator then sits with both parties and addresses the case in a fair fashion that works out the best for both parties involved.

Evaluating the principles of discrimination law in recruitment, selection, and employment (AC 2.1)

Selecting the most qualified candidate for a position requires a selection process that is fair, objective, and nondiscriminatory. In the course of this procedure, any practices that discriminate against certain groups will be seen as unfair (Macdonald, n.d.). For instance, employers are not permitted to inquire about a candidate’s protected characteristics, marital status, civil union status, or if they are a parent or intend to become one (“Employment status I GOV.UK”, n.d.). The right to be treated equally and not be discriminated against because of a protected characteristic is a fundamental human right. Age, handicap, gender reassignment, marriage/civil union, pregnancy/maternity, race/ethnicity/belief, sex, and sexual preference are all protected categories (McKevitt, n.d.). The complainant in Scenario 1 very certainly had their offer rescinded due to one of the aforementioned qualities, making their case disputable before an employment tribunal. The Equality Act of 2010 makes it illegal to discriminate against someone either directly or indirectly, as well as to victimize someone. For example, if it was anticipated that the worker would be unable to function due to their civil partnership, this might be classified as direct discrimination in which an individual regards the other as less favorably compared to how the same person treats or would treat his/her fellows because of the protected trait of marriage or civil partnership (McKevitt, n.d.). Employers are prohibited by the Equality Act of 2010 from discriminating against job candidates based on a protected characteristic. Furthermore, refusing to hire a job candidate based on protected characteristics constitutes blatant discrimination. In regard to disability, the Equality Act of 2010 safeguards disabled employees at all stages of their job (Macdonald, n.d.). If a company can demonstrate that a certain work can be done successfully exclusively by a person with a certain impairment, then the employer will not be in violation of the discrimination statute. Furthermore, the law limits an employer’s capacity to conduct pre-employment health inquiries (Macdonald, n.d.). An employer shall not discriminate against a disabled employee due to a circumstance related to their disability.

The legal requirements in relation to defending equal pay claims and conducting equal pay reviews (AC 2.2)

5OS01 ASSIGNMENT EXAMPLE

‘Equal work’ is defined by law as either

  • ‘Like work’ – employment where the duties and skills are identical or comparable
  • ‘Work rated as equivalent’ – work deemed equivalent, typically based on a reasonable job evaluation. This could be due to the fact that the talent, responsibility, and effort required to complete the tasks are equivalent (McKevitt, n.d.).
  • ‘Work of equal value’ – Work that is distinct but of equal worth. This may be due to the fact that the degree of ability, experience, responsibility, and expectations of the job are of equivalent value (Suff, 2021).

If a gender pay gap exists an employer must demonstrate that there is a “material element” that accounts for the difference in pay. Moreover, for the material to be considered relevant it must;

  • entail a valid reason for the disparity in compensation
  • Be important and pertinent.
  • Clarify the pay disparity with ‘specificity,’ which implies the employer must be able to demonstrate how each consideration was weighed and demonstrated how it fit in the woman’s specific circumstance.
  • It must be free of blatant and indirect sex discrimination.

Hence, if the woman in ARL is better skilled and qualified for a position than the males who are performing the same task, then it may be appropriate for her to receive a higher salary than the men. If there is an equal pay issue ARL is required to demonstrate, that the female’s qualifications and talents are essential for the work, and that they had trouble hiring and retaining employees for the position that the woman now has. However, the fact that they get paid more cannot be related in any way to their sexual orientation.

Explaining the major statutory rights workers have in relation to pay ( AC 4.1)

When it comes to employment law, statutory rights are meant to safeguard the interests of both employers and employees, giving either party a footing on which to pursue legal action. Under the UK law, all employees are entitled particular statutory rights, despite the fact that the applicability of the rights varies. For instance, the entitlement to redundancy pay or compensation for a wrongful dismissal only becomes vested after a specified amount of time has passed. The following are some key concerns that rights workers have in regard to pay:

Getting the National Minimum Wage; the minimum salary for a worker should vary based on their age and whether or not they are apprentices (“The National Minimum Wage and Living Wage”, n.d.). Workers in almost all industries are guaranteed at least the National Minimum Wage per hour. Worker eligibility for the National Living Wage, which is higher than the National Minimum Wage, depends on their age, and workers must be at least 23 years old to qualify for it. Employers, regardless of their size, are required to pay the exact minimum wage.

5OS01 ASSIGNMENT EXAMPLE

Statutory redundancy pay : Employees with two years or more of service are typically eligible for statutory redundancy pay from their employers. That is, if an employee works for a full year and is under the age of 22, they shall receive half a week’s salary, if they work for a full year between the age of 22 and 41, they will receive a full week’s salary, and if they work for a full year and are over the age of 41, they will receive a full week and a half’s salary (Gov.Uk). The maximum term of service is 20 years. Notate that the employee’s weekly compensation is the average amount they earned per week over the previous 12 weeks prior to the day they received their notice of layoff (Gov.Uk).

Discussing the legal implications of managing the change in relation to the working hours ( AC 3.1)

The 1998 Working Time Regulations (WTR) governs work hours in the United Kingdom. These restrict employees to a maximum of 8 hours of labor per day and a maximum of 48 hours per week (however workers in the United Kingdom can opt out of the regulations pertaining to the required 48-hour work week). Nonetheless, the pandemic has had a profound impact on working hour’s data (“Contracts of employment and working hours – GOV.UK”, n.d.). The average number of paid hours worked per week in the United Kingdom rose by 1.8 hours between the third and fourth quarters of 2020, according to data provided by the Office for National Statistics in February 2021.

Nevertheless, under UK legislation, employers are required to protect the health and safety of all employees, which includes protecting them against overwork and long hours. The WTR currently provides the following fundamental rights and safeguards to employees:

  • A maximum of 48 hours per week averaged over 17 weeks that an individual is be obligated to work.
  • Night employees are only allowed to put in an average of eight hours of work each twenty-four-hour period.
  • The right to receive 11 hours of rest each day.
  • An entitlement to one day off every week (Suff, 2021).
  • A right to an on-the-job rest period if the work schedule exceeds six hours.
  • Annual paid leave of 28 days for full-time employees (Suff, 2021).

Scenario three is a clear violation of workers’ rights under the Working Time Regulations 1998, since it calls for ARL employees to work 12 hours per day or 84 hours per week, rather than the standard 8 hours per day/48 hours per week. On the other hand, ARL has the ability to get its employees to sign what is known as an opting-out agreement, which requests employees to consent to working more than 48 hours in a week. However, it is vital to highlight that companies cannot compel workers to sign an opt-out: employees should willingly consent to it, and they cannot be fired for not signing one (“Contracts of employment and working hours – GOV.UK”, n.d.).

Explaining the legal requirements relating to the transfer of undertakings ( AC 3.2)

A transfer of undertakings (TUPE) occurs whenever there is a change in the company’s ownership or service provider. The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) ensures that employees in the UK continue to enjoy the same or comparable terms and conditions of employment in the event of a “relevant transfer” such as the sale of a business (Suff, 2022).

Transferors must undertake comprehensive, meaningful conversations with employees as soon as possible. In contrast to collective redundancy consultation, there is no minimum consultation period mandated prior to a transfer. Employers who fail to engage effectively may be obliged to compensate employees for up to 13 weeks of pay. Both the person making the transfer and the person receiving it are responsible for making this payment (Suff, 2022). The transferee assumes responsibility for all statutory rights, claims, and obligations, including those originating from the contract, tort liability, unjust termination, equal pay, and discrimination claims. Excepted from this regulation are criminal liabilities. The law prohibits employees and employers from “contracting out” of the requirements, hence it is impossible to avoid the application of TUPE. It may be feasible to arrange warranties and indemnities that soften the financial impact of any lawsuits emerging from the application of TUPE, either partially or entirely.

employment law assignment cipd level 5

Explaining the major statutory rights in leave and working time ( AC 4.2)

The WTH regulations establish minimum requirements for weekly work time, rest benefits, and annual leave, as well as making special provisions for night employees. For example, practically all employees have the right, under the law, to 5.6 weeks of paid vacation time every year. Workers under zero-hours contracts, agency employees, or with unpredictable schedules fall into this category (“Holiday Entitlement & Pay | CIPD”, n.d.). It is essential to remember that the pandemic (COVID-19) does not influence employees’ eligibility to paid holidays and leave, with the exception of leave carryover.

According to the law, the majority of employees who work a standard 5-day workweek are required to receive at least 28 days’ worth of paid yearly leave each year. This equates to around 5.6 weeks of vacation time (“Holiday Entitlement & Pay | CIPD”, n.d.). While part-time employees have the right to at least 5.6 weeks’ worth of paid vacation time, although the total number of days will be less than 28 (“Holiday Entitlement & Pay | CIPD”, n.d.). However, statutory paid vacation days are limited to 28 days. Consequently, an ARL employee who opts out of the usual 48-hour workweek and works seven days per week is still eligible to 28 days of paid leave, as is an employee who chooses to continue working five days per week. However, ARL can grant additional leave than the minimum required by law. But they are not required to apply all statutory leave requirements to the additional leave.

5OS01 ASSIGNMENT EXAMPLE

Explain other employment rights relating to flexible working ( AC 4.4)

In order to alter its long-hours culture, ARL should think about implementing more flexible working hours for its employees. It is important for ARL’s management to be aware that after 26 weeks of employment, every employee has the right to seek flexible scheduling (McCartney, 2022). The ‘right to seek flexible working,’ previously available only to parents and certain workers in particular fields, was introduced by the British government in April 2003 (McCartney, 2022). Regardless of whether or not they have children, all employees who have been with their current employer for at least 26 weeks are now covered by the law. Employers are required to evaluate requests for flexible working in a rational manner and may only deny such requests if they can demonstrate that one of a limited number of causes applies (McCartney, 2022). Employers in the United Kingdom feel that the freedom to request flexible working law has been successful in raising the number of employees who take use of flexible work options in their organization. The (CIPD) believes more individuals would take use of flexible work options including part-time work, compressed hours, and job sharing if they had the legal right to seek them from the start (McCartney, 2022). Making it mandatory for all employees from the start should improve its efficiency by boosting its availability and uptake.

Explain the main principles of maternity, paternity, and adoption rights in the context of employment rights ( AC 4.3)

Paternity, maternity, or adoption leave and pay, as well as shared parental leave, should be guaranteed to all biological and adoptive parents (Suff, 2022). Other key ‘family-friendly’ policies include the opportunity to appeal for flexible work hours, time off for unexpected crises affecting dependents, and unpaid parental leave.  

Maternity Rights

Maternity Leave

When an employee is pregnant, they are entitled to take off work for prenatal care and any additional appointments their doctor, nurse, or midwife deems necessary. The eleventh week prior to the due date is the earliest a woman can begin her leave for the birth of her child (Suff, 2022). The woman is obligated to provide her employer with information regarding her due date and her desired leave start date. The employer must answer within 28 days with the anticipated date of the employee’s return from maternity leave (Suff, 2022). Employers should presume that all 52 weeks of leave will be utilized unless they are advised otherwise.

Maternity Pay

Mothers are eligible for up to 39 weeks of Statutory Maternity Pay (SMP) if they meet the following requirements: Meet specified minimum earnings requirements for National Insurance contributions (Suff, 2022). Have worked nonstop for the past 26 weeks and assessed on the 15th before the baby is due. 90% of the average weekly wage is paid as SMP for the first six weeks, while the remaining weeks are paid at the lower statutory rate (Suff, 2022).

Additional rights, include;

  • If their maternity leave is fewer than 26 weeks, women are entitled to return to their old position with no changes in pay or benefits.
  • Women who take longer than 26 weeks out for maternity leave should be permitted to return to their previous positions, or be offered suitable alternatives if doing so would be unrealistic under the circumstances.

Paternity Rights

Paternity leave

The primary eligibility requirements for paternity leave:

  • An employee can only be eligible for paternity leave if he or she is the child’s biological father or the mother’s partner who has or will have legal custody of the child.
  • Holding down a job for the full 26 weeks leading up to the due date, and continuing until the 15th week of pregnancy.

Employees who are eligible for paternity leave are entitled to:

  • Resuming the same position.
  • Get back to working under the same conditions as before (Suff, 2022).
  • Not be discriminated against, treated poorly, or fired without just cause.

Adoption Rights

Since April 2015, the United Kingdom has provided up to 52 weeks of paid statutory adoption leave, making it comparable to the length of statutory maternity leave (Suff, 2022). A minimum of 26 weeks of continuous employment is required to be eligible for Statutory Adoption Pay (SAP), which is paid out over a period of 39 weeks.

Contracts of employment and working hours – GOV.UK . Gov.uk. Retrieved 31 August 2022, from https://www.gov.uk/browse/employing-people/contracts .

Employment status . GOV.UK. Retrieved 31 August 2022, from https://www.gov.uk/employment-status/worker .

Employment Law Updates UK | CIPD . CIPD. (2022). Retrieved 31 August 2022, from https://www.cipd.co.uk/knowledge/fundamentals/emp-law/about/legislation-updates#gref .

Holiday Entitlement & Pay | CIPD . CIPD. Retrieved 31 August 2022, from https://www.cipd.co.uk/knowledge/fundamentals/emp-law/holidays .

McCartney, C. 2022.  Flexible Working Practices | Factsheets | CIPD . CIPD. Retrieved 31 August 2022, from https://www.cipd.co.uk/knowledge/fundamentals/relations/flexible-working/factsheet#6661 .

Macdonald, L.  Discrimination in recruitment and selection | Recruitment and selection | Employment law manual | Tools | XpertHR.co.uk . Xperthr.co.uk. Retrieved 31 August 2022, from https://www.xperthr.co.uk/employment-law-manual/discrimination-in-recruitment-and-selection/157530/ .

McKevitt, T.  Marriage and civil partnership discrimination | Equality and human rights | Employment law manual | Tools | XpertHR.co.uk . Xperthr.co.uk. Retrieved 31 August 2022, from https://www.xperthr.co.uk/employment-law-manual/marriage-and-civil-partnership-discrimination/105268/#justification

Suff, R. 2022.  Maternity, Paternity & Adoption Rights | Factsheets | CIPD . CIPD. Retrieved 31 August 2022, from https://www.cipd.co.uk/knowledge/fundamentals/emp-law/maternity-paternity-rights/factsheet#gref .

Suff, R. 2022.  TUPE (Transfer of Undertakings) | Factsheets | CIPD . CIPD. Retrieved 31 August 2022, from https://www.cipd.co.uk/knowledge/fundamentals/emp-law/tupe/factsheet#7094 .

The National Minimum Wage and Living Wage . GOV.UK. Retrieved 31 August 2022, from https://www.gov.uk/national-minimum-wage .

CIPD, 2021.  UK Court System & Employment Law | Factsheets | CIPD . [online] CIPD. Available at: <https://www.cipd.co.uk/knowledge/fundamentals/emp-law/about/uk-court-system-factsheet> [Accessed 31 August 2022].

Davidsonmorris, 2020.  COT3 Agreement (Settlement FAQs) . [online] Davidsonmorris.com. Available at: <https://www.davidsonmorris.com/cot3/> [Accessed 31 August 2022].

Factorial HR, 2022.  UK Employment Laws – Everything You Need to Know . [online] Factorial HR. Available at: <https://factorialhr.co.uk/blog/uk-employment-laws/> [Accessed 31 August 2022].

HSE, 2020.  Health and Safety at Work etc Act 1974 – legislation explained . [online] Hse.gov.uk. Available at: <https://www.hse.gov.uk/legislation/hswa.htm#:> [Accessed 31 August 2022].

Pon Staff, 2021.  What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation . [online] PON – Program on Negotiation at Harvard Law School. Available at: <https://www.pon.harvard.edu/daily/dispute-resolution/what-are-the-three-basic-types-of-dispute-resolution-what-to-know-about-mediation-arbitration-and-litigation/> [Accessed 31 August 2022].

Suff, R., 2022.  Employment Tribunals | Factsheets | CIPD . [online] CIPD. Available at: <https://www.cipd.co.uk/knowledge/fundamentals/emp-law/tribunals/factsheet> [Accessed 31 August 2022].

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CIPD Level 5OS01 Specialist Employment Law Assignment Example, UK

The CIPD Level 5 Specialist employment law covers the principles of employment law and their application in practice. This includes an understanding of the rights and responsibilities of employers and employees in both the private and public sectors.

The course also looks at the different types of contract, disciplinary and grievance procedures, as well as redundancy. It is advisable for those working in or aspiring to work in human resources, or with any generalist responsibility for managing people in organizations.

You’ll learn about the different types of employment contracts and how to resolve disputes, as well as gain an insight into the latest case law and tribunal decisions. Plus, you’ll get all the tools you need to improve your HR practice.

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Following is an CIPD level 5 employment law assignment examples for students in UK. This will help you understand the structure and format of an effective 5OS01 assignment.

CIPD 5OS01 Assignment Task 1: Understand the purpose of employment regulation and the way it is enforced in practice.

1.1 evaluate the aims and objectives of employment regulation..

There are a number of different aims and objectives of employment regulation, which can be broadly grouped into two main categories: protecting the rights of employees, and ensuring fairness in the workplace.

Employment regulation protects the rights of employees by setting out minimum standards that employers must meet in areas such as health and safety, working hours and pay. This ensures that employees are not exploited or treated unfairly, and helps to create a level playing field between different employers.

Enforcing employment regulation also has the objective of ensuring fairness in the workplace. By ensuring that all employers follow the same rules, it prevents any one employer from gaining an unfair advantage over others. This helps to create a level playing field for businesses, and ensures that employees have equal opportunities regardless of who they work for.

1.2 Examine the role played by the tribunal and courts system in enforcing employment law.

The tribunal and courts system plays a vital role in enforcing employment law. This system helps ensure that employers comply with the law and provides employees with a forum to seek redress if they feel they have been treated unfairly.

The tribunal system is designed to resolve disputes quickly and efficiently, without the need for expensive legal proceedings. Tribunals hear cases concerning allegations of unfair dismissal, discrimination and other workplace disputes. If an employee is successful in their claim, the tribunal can order the employer to take remedial action or pay compensation.

The court system also has an important role to play in enforcing employment law. This is particularly relevant in cases where an employee has been dismissed unlawfully or where there has been serious breach of contract. The court can order the employer to reinstate the employee or pay compensation.

1.3 Explain how cases are settled before and during formal legal procedures.

There are a number of ways in which cases can be settled before or during formal legal procedures. These include:

  • Through mediation or arbitration (where parties agree to use a neutral third party to help them reach an agreement);
  • By making an application to the court for a ‘stay of proceedings’ (which means that the case is put on hold while the parties try to reach a settlement);
  • By making an application to the court for ‘summary judgment’ (which is where the court decides that there is no need for a full trial because there is no dispute between the parties);
  • By making an offer of ‘compromise’ (where one party makes an offer to settle the case for an agreed sum of money);
  • By making an application to the court for ‘strike out’ (which is where the court orders that the case be removed from the list of cases waiting to be heard because it has no prospect of success).

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CIPD 5OS01 Assignment Activity 2: Understand how to manage recruitment and selection activities lawfully.

2.1 evaluate the principles of discrimination law in recruitment, selection and employment..

Discrimination law protects individuals from being treated unfairly on the basis of certain protected characteristics. In recruitment, selection and employment, this means that employers cannot treat job applicants or employees less favorably because of their race, color, national origin, religion, sex, age, disability, or genetic information. The law also prohibits employers from retaliating against individuals who complain about discrimination or participate in an employment discrimination investigation or lawsuit.

2.2 Discuss the legal requirements of equal pay.

The Equal Pay Act 1963 is an UK law which tackles the gender pay gap by making it illegal for employers to pay men and women differently for doing equal work. The act requires equal remuneration for work of equal value, irrespective of sex (or any other characteristic such as race, disability etc.). It also makes it unlawful to offer different employment terms on the grounds of sex. This includes terms and conditions relating to hours, location, shifts, overtime rates and annual leave entitlement.

There are a number of factors which determine whether two jobs are deemed to be of equal value for the purposes of the Equal Pay Act. These include: Nature of the work Conduciveness to working Hoursworked Physical effort or skill needed Level of responsibility Conditions under which the work is carried out

In order to make a claim for equal pay, an employee must be able to show that they are doing work of equal value to a colleague of the opposite sex. They will need to provide evidence to support their case, such as job descriptions, job adverts, salary details and any other relevant information.

If an employee is successful in their claim, they will be entitled to receive the same pay and benefits as their male counterpart. They may also be entitled to back pay, which is the difference in wages that they should have been paid had they not been discriminated against.

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5OS01 Assignment Brief 3 CIPD: Understand how to manage change and reorganisation lawfully.

3.1 discuss the legal implications of managing change..

The legal implications of change management can be significant. Changes in employee roles or responsibilities, for example, can result in claims of wrongful termination or defamation. In order to minimize the risk of legal action, it’s important to consult with an attorney before making any changes to your organization’s structure or personnel.

In addition, you’ll need to be aware of any relevant labor laws that may apply to your situation. For instance, the National Labor Relations Act (NLRA) protects employees’ rights to form unions and engage in collective bargaining. If you’re planning a major reorganization that will result in job losses, you’ll need to make sure that you’re complying with the NLRA’s requirements.

3.2 Explain the legal requirements relating to transfers of undertakings.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (as amended in 2014) (“TUPE”) provides protection for employees when there is a relevant transfer of an undertaking, business or part of an undertaking or business.

A relevant transfer will occur where there is a transfer of an economic entity which retains its identity after the transfer. In determining whether there has been a relevant transfer, the courts will look at a number of factors, including whether there has been a transfer of assets and/or liabilities, whether there has been a change in ownership and/or control and whether there has been a change in the workforce.

TUPE applies to both contractual and non-contractual transfers, including assets sales, mergers and acquisitions.

When TUPE applies, the transferor’s employees will transfer to the transferee on their existing terms and conditions of employment. The employees’ continuity of employment will be maintained and they will not lose their employment rights as a result of the transfer.

CIPD 5OS01 Learning Outcome 4: Understand how to manage issues relating to pay and working time lawfully.

4.1 explain the major statutory rights workers have in relation to pay..

The major statutory rights workers have in relation to pay are the right to be paid the national minimum wage, the right to be paid their agreed wage, and the right not to have deductions made from their wages without their written consent.

The national minimum wage is currently £7.50 per hour for workers over 25 years of age. Workers aged 21-24 are entitled to receive a minimum of £7.05 per hour, and those aged 18-20 are entitled to £5.60 per hour. Workers who are 16 or 17 years of age are entitled to receive £4.05 per hour.

Workers have the right to be paid their agreed wage if it is higher than the national minimum wage. This applies regardless of whether the worker is full-time, part-time, or on a zero hours contract.

Deductions from wages are only permitted in very limited circumstances, such as where the deduction is required by law (such as income tax or national insurance contributions) or where the worker has given their written consent to the deduction (such as for payment of union subscriptions).

4.2 Explain the major statutory rights in leave and working time

There are a number of statutory rights in leave and working time. For example, employees have the right to a minimum amount of annual paid leave, which is currently set at 5.6 weeks (or 28 days) for those who have worked for their employer for at least one year. Employees also have the right to take unpaid parental leave to care for a child under 18 years of age, and to receive paid sick leave if they are unable to work because they are ill or injured.

Additionally, there are various regulations governing how long employees can work each day and how many breaks they must be given. For instance, employees cannot work more than 48 hours per week on average (although they may choose to work longer hours in certain circumstances), and they must be given a break of at least 20 minutes if they work more than six hours in a day.

Finally, employees have the right to request flexible working arrangements, such as reduced hours or the ability to work from home. Such requests can only be refused on certain grounds, such as where the business would suffer undue hardship as a result of the changes.

4.3 Explain the main principles of maternity, paternity and adoption rights in the context of employment rights.

Maternity rights: Employers with at least 50 employees must offer 12 weeks of unpaid maternity leave to full-time workers. Maternity leave can be taken anytime within the first year after the child is born, and it’s job-protected so you can’t be fired for taking it. You’re also eligible for FMLA (Family and Medical Leave Act) if your job is covered by that law.

Paternity rights: Fathers are now legally entitled to time off to care for their newborn children under the Family and Medical Leave Act (FMLA). The law allows fathers to take up to 12 weeks of unpaid leave in a 12-month period to bond with a new child, whether or not the father is married to the child’s mother.

Adoption rights: Parents who adopt are legally entitled to 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA). The law allows parents to take leave to bond with a new child, regardless of whether they are adopting domestically or internationally.

4.4 Explain other employment rights relating to flexible working.

In addition to the right to request flexible working arrangements, employees also have the right to take reasonable time off work for certain purposes, such as caring for a sick family member or attending a school event. Employees are also entitled to take unpaid leave for jury duty or military service.

Finally, employees have the right to receive fair treatment from their employers. This includes the right to be free from discrimination, harassment, and retaliation. Employees also have the right to join or form a union, and to engage in collective bargaining.

Get Perfect Solutions of 5OS01 Specialist Employment Law CIPD Assignments In UK

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  • CIPD Levels 3, 5 and 7 Explained

Start a new career in HR with a CIPD qualification

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11 January 2021 - 3 min read

The CIPD have launched their new 2021 qualifications. In this blog we explore the changes, CIPD levels and different routes through.

Past CIPD Qualifications

If you have completed or are currently studying on a CIPD course, your qualification is just as relevant and recognised by employers as ever. 

CIPD Level 3: Foundation

Award: 1 module Certificate: 6 modules: 6-8 months Diploma: 8 modules: 8-10 months Equivalent to A-level

CIPD Level 5: Intermediate

Award: 1 module Certificate: 6 modules: 6-8 months Diploma: 8 modules: 8-10 months Equivalent to undergraduate degree level

CIPD Level 7: Advanced

Award: 1 module Certificate: 4 modules: 10-12 months Diploma: 8 modules: two years Equivalent to master’s level

New CIPD 2021 Qualifications

The 2021 New CIPD qualifications are more streamlined with just one size of qualification at each level. As a result you can no longer work towards individual CIPD accredited Awards nor complete a Certificate then top-up to the Diploma later. If you have (or are working towards) the existing Level 7 Certificate, please  contact us  about what to do to top-up to the 2021 Diploma. 

Hr Level 3 Reviewing Work

CIPD LEVEL 3 FOUNDATION

Introductory - A Level Equivalent

A practical entry-level qualification in People Management, perfect if you are:

  • New or looking to move into a people profession role
  • Currently in an HR admin role and looking to progress
  • Seeking to improve team performance

Funding options

Payment Plans | HR/L&D Apprenticeships | ELCAS Funding

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Hr Level 5 Discussion

CIPD LEVEL 5 ASSOCIATE

Diploma in people practice.

Undergraduate - Degree Equivalent

Combines application of skills with exploring theory and research. An ideal level for those: 

  • Already in a people management advisor role
  • Looking to move into management 
  • Who already have a degree 

Hr Level 7 Business Meeting

CIPD LEVEL 7 ADVANCED

Postgraduate - Masters Equivalent

This postgraduate advanced-level qualification is designed for those who satisfy at least one of the following criteria:

  • Established in a strategic HR role
  • People managers or leaders
  • CIPD Associate Level 5 qualified and looking to progress to Chartered status

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Diploma in Organisational L&D

This qualification combines the application of skills with the exploration of theory and research, ideal if you:

  • Work in a training or people practice role and which to gain organisational L&D expertise 
  • Are looking to move into management level
  • Already have a relevant university degree

Meeting Charts

Postgraduate - Masters equivalent

This postgraduate advanced-level qualification is perfect for those who fulfil at least one of the following criteria:

  • Established people practitioners or working in a senior L&D role
  • Seeking to develop your personal effectiveness and skills to influence strategy, policy and people 

How will you be assessed and how has this changed for the CIPD 2021 qualifications?

There are still written assessments at each level which are set by the CIPD, often in the form of a report. The idea is that they look a little like a document you might submit to senior leadership to put forward a recommendation on a new idea or system.

At level 3 and 5 these written assessments follow the learning objectives for the module. Whereas at level 7 the learning objectives are more intertwined throughout the assessment.

The CIPD Level 3 no longer includes practical in class assessments. If you study with Acacia we will still give you the opportunity to will work with your tutor and peers to perfect these skills in a safe environment.

At Level 7 you will no longer have to complete the two national exams, this content is now covered via assignment work. There is however still a 7000-word research project on an aspect of HR or L&D of your choice. 

Previous versions of the CIPD qualifications

There have now been two iterations of the CIPD levels and qualifications. The first was made in 2010, a year after the original CIPD profession map was launched. The 2021 changes have now been made two years after an updated profession map. However, all previous versions of the qualifications are of no less value and this is how they compare:

CIPD Level 3

  • Certificate in Personnel Practice (CPP) = Foundation Diploma in Human Resource Practice =  Foundation Certificate in People Practice
  • Certificate in Training Practice (CTP) = Foundation Diploma in Learning & Development Practice = Foundation Certificate in People Practice

CIPD Level 5

  • Intermediate Diploma in Human Resource Management = Associate Diploma in People Management
  • Intermediate Diploma in Learning and Development = Associate Diploma in Organisational Learning and Development

CIPD Level 7

  • Advanced Diploma in Human Resource Management = Advanced Diploma in Strategic People Management
  • Advanced Diploma in Human Resource Development = Advanced Diploma in Strategic Learning and Development

Level 5 and 7 CIPD options did not exist prior to 2010 so (if like me) you studied some time ago you will have either the CPP or CTP. 

CIPD Award, Certificate or Diploma – what are they?

Within their 2021 qualifications the CIPD has removed the option to choose the size of the course at each level. As a result you can no longer choose between an Award, Certificate or Diploma. However, for those currently studying this is what it all meant:

Award:  bite-size qualifications designed to build a specific skill or update knowledge. This was also suitable for those who were not a in a position to commit to a full qualification.

Certificate:  a certificate was six modules at Level 3 and 5 and four modules at Level 7. This size of qualification is will cover the core skills you need for a career in HR or learning and development.

Diploma: this is the most comprehensive option where you will take eight modules to cover the full spectrum of skills needed for a highly successful career.

Advice and guidance

We’re so excited at Acacia to be one of the first providers to be approved for the new CIPD qualifications. For more information about the different CIPD levels, speak with one of our Course Advisors. They will talk through your experience and expectations, offering advice on which is the best qualification to get you where you want to be. Click here to  contact us .

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CIPD Assignment Help

  • Specialist Employment Law 5OS01

The key component of level 5 of CIPD caters for the significant employment law aspects and the models of legislation which govern it. The main emphasis of the unit Specialist Employment Law 5os01 is to contrast the professional and legal obligations in versatile locations and the way through which it can influence their work responsibilities. This section usually provides the legal viewpoint to the learners on the management of people at a workplace by certifying compliance.

In the unit Specialist Employment Law 5os01, the student can also learn the significance and responsibilities of employment Regulations and the way through which they can be applicable in professional practice. This action also identifies the purpose and purposes of legislation and the way through which the judiciary executes the legislation with the help of courts and tribunals. The way through which cases which are related to employment are addressed after and before the legal phenomenon particularly. Learners also have to generate their potential to explicitly articulate the significant concepts and principles of legislation selection and recruitment management, Redundancy and discrimination regulation, and modification in contract in this section. Students can also learn the concerns with dealing including employee rights, working hours, and payment.

The main concern of the unit Specialist Employment Law 5os01 is with the principles of Human Resource Management due to individuals who already have a career in Human Resource Management and want to pursue greater experience in learning and development or human resource management can study this course. This course provides a person with inclusive experience and knowledge of Human Resource Management by applying for this diploma. After completion of this level, the learner will be able to get better opportunities in multiple organisations.

Objectives of unit

The main objectives of the unit Specialist Employment Law 5os01 is to make the students recognise:

  • Discrimination legislation
  • The enforcement and goal of Labour Regulation
  • The role of Tribunal course in legislation law
  • Redundancy law
  • Contract modification
  • Case resolution after and before the legal preceding
  • Working hours and pay management legally
  • Regulations of the workplace are adaptable

Learning outcomes

The learning outcomes of the unit Specialist Employment Law 5os01 are considered to make the learners capable to comprehension the legislative concept at the workplace and organisation which is precisely designed for the human resource management.

LO1: Recognise the significance of legislation rules and regulations and the way through which they can be implemented at the organisation and workplace.

Lo2: identify the legislation application of employment standards in recruiting and selection management within the organisation., lo3: potential to manage legally shifting and changing structures., lo4: illustrate adequate knowledge at the end of the course and provide the management comprehension of salaries and working hours., assessment criteria.

The assessment criteria of the unit Specialist Employment Law 5os01 is totally comprised of questions which cater for the learning outcomes requirement through which students can learn more.

1.1 The Potential to identify the objectives and purposes of labour legislation. The learners who search out their duties in the campaign of professional practice equity, social justice, and inclusiveness.

1.2 Identify the responsibilities of judicial institutions in the employment legislation implementation during the assignments and course. For instance, versatile institution possesses different jurisdiction in terms of employment regulation therefore students must recognise the hierarchical concept of course and each rank enforcement level.

1.3 All the entries should clarify the way through which the cases are resolved both outside and within the legal process and legal framework in terms of CIPD. It also includes the tribunal system description, versatile functions of the organisation, the essential words and components with the agreement settlement and the independence legislation advice value.

2.1 All the entries should clarify the way through which the cases are resolved both outside and within the legal process and legal framework in terms of CIPD. It also includes the tribunal system description, versatile functions of the organisation, the essential words and components with the agreement settlement, and the independence legislation advice.

2.2 Deal with the equal pay of legal foundations. Students can acquire about the countermeasures, significant allegations to refute equivalent pay claims, strategies for decreasing equivalent concerns of pay, and assessments that prevent future claims internally.

3.1 Elaborate legislation changes procedures including requesting consents, stakeholder consultations, enacting the change throughout the board, discarding needed adjustments, and the start of consultation phenomena, moreover, the redundancies and contract breaches are the modification parts. Due to that a student should consider all the ramifications of legislation.

3.2 Generate detailed legislation ramification discussion of transferring agreements and commitments to versatile parties. Employment legislation compliance, the accumulated rights of consultation to concerned parties and information, and the remedies which can get at a significant breach are all legislation responsibilities.

4.1 Expected elaboration of the rights of workers related to the working hours and salaries and the wage regulation which is connected to the hours worked. The learners can also analyse the connection between employee and pay suggestion feedback to provide support to appropriate management and human resource activities.

4.2 The explanation of legislation influences the rate of wages even during holidays. therefore, the learners are also concerned with the wage rate calculation legal Framework with the rights of leave, sick leave and normal payment standard, maximum working hours daily, and minimum rest time.

4.3 Identify the basics of employment rights including maternity and paternity leave student also have to elaborate on their entitlement of wages and the standards which find out their qualification during the leave to work.

4.4 Elaborate the rights of workers related to the flexibility of the workplace. Workers can also find time during the religious and official holidays for instance when they particularly deal with their responsibilities. As a result, the student should also explain their rights to payment at this time.

Rise your grades by accomplishment our help in the unit Specialist Employment Law 5os01

If you are a student you must be going through the difficulty of assignment writing because preparing the assignment on the unit is not a piece of cake. The student must be aware of the legal responsibilities and rules in terms of the workplace and the subsidies which employees can get. In this way, the employee can ask for their rights. However, preparing the assignment for the unit becomes difficult for students who do not have a good knowledge of the legislation. If you are one of those then you are required to have knowledge from writers who have employment and educational experience so that they can assist you in preparing your assignment. We have the best writers who can deal with all the complex areas of assignments by providing the top-notch qualities of academic writing.

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We deliver on the spot assignment

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In terms of referencing we never award any step due to that our writers at the reference in write according to the guidelines of your educational institute. Our writers have great training in referencing and they can add accurate in-text citations.

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CIPD Level 5

  • October 20, 2022
  • Posted by: Fletcher Samuel
  • Category: CIPD Level 5

CIPD Level 5

The Chartered Institute of Personnel and Development (CIPD) Level 5 qualification is a professional-level human resource (HR) or learning and development (L&D) qualification. It is designed for individuals who want to develop their knowledge and expertise in HR and L&D and progress to more senior roles within their organisations. The CIPD Level 5 qualification covers various topics, including talent management, employee engagement, HR strategy, and L&D design and delivery. It combines theoretical and practical learning, combining academic study with workplace application. The qualification is awarded at two levels, either as a Level 5 Diploma or a Level 5 Advanced Diploma, depending on the depth and breadth of study. The Diploma focuses on the core knowledge and skills required for effective HR and L&D, while the Advanced Diploma provides more in-depth coverage of specialised areas. Holding a CIPD Level 5 qualification is widely recognised as a benchmark of professional competence in HR and L&D and demonstrates a commitment to professional development. It is also a requirement for many senior HR and L&D roles and can be valuable for individuals seeking to progress in their careers. Overall, the CIPD Level 5 qualification is an excellent investment for anyone who wants to deepen their understanding of HR and L&D and advance their career in these fields.

Here are some examples of CIPD Level 5 units.

  • 5CO02 Assignment Example
  • 5HRO1 Assignment Example
  • 5HR02 Assignment Example
  • 5LD01 Supporting Self-Directed and Social Learning
  • 5LD02 Learning and Development Design to Create Value
  • 5LD03 Facilitate Personalised and Performance Focused Learning

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CIPD Intermediate Award in Human Resource Management

Reed Learning is a leading provider of HR & L&D qualifications. We offer a range of CIPD programmes delivered by highly qualified practitioners with an unrivalled level of strategic experience and professionalism in HR.

employment law assignment cipd level 5

Please click below for details about a suitable alternative.

Unit details

A CIPD Intermediate qualification in HR Management is aimed at existing and aspiring HR or Learning and Development Managers and will help you develop an understanding of how HR contributes to business success.

We have supported candidates through to successful completion at all levels of CIPD qualification since 2004. In addition, we have extensive experience in guiding candidates through various study options as well as advising on CIPD membership upgrade and providing HR consultancy services.

We consistently achieve the highest CIPD Quality Assurance rating and are one of only very few CIPD centres approved to offer competency based assessment (mixed mode) qualifications.

Boost your HR knowledge and skills to evaluate the effectiveness of different HR models and practices
The level 5 qualification, which is set at the level of a University degree is ideal for all those currently employed in advisory level roles who would like to develop HR Management skills.

Flexibility and Control of Your Learning

High quality learning at your pace, anywhere, anytime, with ongoing support from a personal adviser

Choosing the right qualification can be a bit daunting but we are here to help you select the correct path. Our expert advisers know everything there is to know about CIPD qualifications and can help every step of the way.

We work hard to ensure candidates are matched to the correct qualification and then work with you to help achieve your ultimate goal.

To support your learning, you will have 24/7 access to our Virtual Learning Environment (VLE), a comprehensive online library of quality reference materials. Created, curated and managed by experienced HR practitioners, it provides a single robust, secure and integrated platform to access a personalised learning experience.

My experience of Reed Learning is extremely positive. It is a very professional organisation and I received a high level of service. Communication is excellent and whenever I had a query or needed more information I had someone who could help me. Michael Dawkins
As soon as I started speaking to my personal adviser I realised that she knew her stuff like the back of her hand and this gave me confidence. We arranged our Skype calls every three to four weeks before an assignment when I would be squirrelling down notes but there was also communication through email when she would always respond quickly. She was totally supportive. Matt Griffiths

Choose your - Level 5 Award Modules

You are able to undertake an Intermediate Award in HR by taking one or more units, totalling 3-12 credits.

Award Modules - Credits

Developing professional practice (5DVP) – understanding of the knowledge, skills and behaviours required by human resources professionals. 4 credits

Business issues and the contexts of human resources (5CHR) – Understand developments in the business and external contexts which HR operates. 6 credits

Using information in human resources (5UIN) – Present a viable and realistic case for improvement based on work-based research and good practice. 4 credits

Managing and coordinating the HR function (5HRF) – (only mandatory for Diploma) HR’s role in the management of the employment relationship, demonstrating the value HR adds to organisations. 6 credits

Resourcing and talent planning (5RST) – Supporting sustained organisation performance through attracting, retaining and, managing employee departure. 6 credits

Reward management (5RMT) – The context that drives reward strategies and policies, including labour market, industrial, geographical and sector trends, in pay. 6 credits

Improving organisational performance (5IVP) – Involving line managers in sustained organisational performance by creating a high-performance work organisation. 6 credits

Employee engagement (5ENG) – Components of employee engagement and how high levels of engagement can be secured and sustained within an organisation. 6 credits

Contemporary developments in employee relations (5DER) – Understand developments that influence the management of the employment relationship in organisations. 6 credits

Employment law (5EML) – Introduce areas of employment legislation, the employment law system, and ways in which HR activities are subjected to regulation. 6 credits

Organisation design: implications of HR (5ODG) – Understanding how to ensure that an organisation is designed to deliver sustainable organisation performance. 3 credits

Organisational development: implications for HR (5ODT) – Exploring how to enable sustained organisation performance through the involvement of its people. 3 credits

HR service delivery (5SDL) – Understand how different HR service delivery models contribute to facilitating and supporting sustained organisational performance. 3 credits

Proven and Personalised Study Routes

Programme duration: 3 months

We offer an online delivery method for all our Awards, which is perfect for those who prefer to learn at their own pace from home, an office or even on the move while commuting. Our Virtual learning Environment (VLE) can be accessed at any time, and gives you a wide range of learning materials You will also have one to one sessions with your personal adviser over Skype or phone during the working week to provide extra support and help you with your unit and assignment.

Price: £500 + £45* + VAT

Note: The price shown above is for each unit.

*Reed Learning CIPD Registration. You will also be required to pay for CIPD student membership (contact CIPD for current pricing information).

A Typical Candidate Journey: Online Programme

Online Programme - Intermediate Award

1 webinar - An induction webinar via Skype or Zoom

2 one-to-one sessions - Live sessions with your adviser via Skype or Zoom

1 piece of written work - You will submit written work that are assessed by our experts and verified by CIPD external verifiers

0 written exams - There are no exams at Intermediate level

24/7 VLE access - To support your learning, you will have access to our comprehensive online library of quality reference materials

Typical Candidate Journey

Reed Learning Induction - Online induction with an expert tutor

One-to-one - Live meeting with your personal adviser

VLE access - Guided reading, access to the VLE throughout your programme duration

Written work - draft submission and assessment

One-to-one - Feedback from your personal adviser

Written work - Final submission and assessment

Congratulations - You've passed! CIPD will now send your Award

CIPD Level 5: Module #2 Developments in Employment Relations

Written By:

Avatar for Coleen Crane

Contemporary Developments in Employment Relations

The below is a module 2 submission for the CIPD Level 5 certification, kindly shared by one of our clients to help you on your own HR journey. Next up is, Contemporary Developments in Employment Relations.

Part One – Understand the nature and context of employment relations:

  • 1.1 Analyse the intermediate nature of employment relations.
  • 1.2 Compare and contrast unitarist and pluralist approaches to employment relations.
  • 1.3 Asses a range of factors which impact on employment relations.

Part Two – Know about employment relations legislation:

  • 2.1 Describe and critique the essential features of the contract of employment.
  • 2.2 Identify and analyse the main sources of UK and EU employment relations law-making.
  • 2.3 Explain the main developments in individual employment law.
  • 2.4 Assess and advise on the purpose and scope of statutory trade union recognition.

Part Three – Understand contemporary developments in employee involvement and participation:

  • 3.1 Explain the differences in employee involvement, participation and partnership
  • 3.2 Compare and contrast union and non-union forms of employee representation.
  • 3.3 Assess the link between employee voice and organisation performance.

Part Four – Know about different forms of conflict behaviour and dispute resolution:

  • 4.1 Distinguish between conflict and misbehaviour, and between official and unofficial industrial action.
  • 4.2 Assess contemporary trends in the types of conflict and industrial sanctions.
  • 4.3 Explain what is required to advise, coach and guide line managers in the skills for effective grievance- and dispute-handling procedures.
  • 4.4 Distinguish between third-party conciliation, mediation and arbitration.

Employee Engagement Training Course

7 Module Submissions

Check out the other 7 module submissions here:

  • Module #1 Improving Organisational Performance 
  • Module #3 Employment Law 
  • Module #4 Developing Professional Practice 
  • Module #5 Business Issues and The Contexts of Human Resources
  • Module #6 Using Information in Human Resources
  • Module #7 Employee Engagement
  • Module #8 Managing and Co-ordinating the Human Resources Function

Part One – Understand the Nature and Context of Employment Relations

1.1 analyse the indeterminate nature of employment relations.

I believe that employment relations is a balance of power and not an exact science. The CIPD (2019) explain that the term ‘Employee relations’ replaced ‘Industrial Relations’ to represent the change in the need for individual relationships to be considered as well as taking a collective approach.

It is no surprise that employment relations has evolved and will continue to do so when you look at internal and external factors that influence the way we perceive and implement it. According to Taylor and Woodhams (2016) there are two main definitions of employment relations; the first being around regulations and the second around relationships. An example that highlights the prominence of the regulatory side is evidenced by Gennard and Judge (2010, P225) who suggest that “The purpose of employment relations is to establish rules, regulations and agreements to regulate the employment relationship” and this can be seen in the form of company policies and processes, written contracts being agreed and signed, salaries being paid in exchange for work carried out but also in external forms such as the Equality Act 2010 brought into effect by the government.

The CIPD (2019) also suggest that the relationship side of employment relations is not about focusing on what everyone wants or needs, but what the individual wants and needs as each person has different requirements. Employment relations should be about building trust from the initial contact made, through their employment journey and until the day they leave the organisation.

1.2 Compare and Contrast Unitarist and Pluralist Approaches to Employment Relations

The difference between a unitarist and a pluralist approach to employment relations as suggested by Fox (1966) is that to have a unitarist approach, organisations are more likely to think about the shared interest of employees as well as the organisation. They are more likely to collaborate around the achievement of the goals and work together to get the final result so both parties benefit. CIPD (2016) use the analogy of a football team as they support each other both on and off the pitch to win the game and again this highlights that a unitarist approach work together as a team.

Fox (1966) also suggested that to have a pluralist approach is to recognise that whilst there may be commonalities in what all parties want to achieve there will be different demands made e.g. a company may want to reach a target profit of £500 million within five years where as an employee’s goal is to be promoted and obtain a 10% salary increase within five years; both monetary goals but for different reasons. The pluralist approach to employment relations suggests that employees do not need to show loyalty as it is not expected of them (Compare the Difference Between Similar Terms, 2011)

To highlight some of the main differences between unitarist and pluralist, please refer to the below diagram courtesy of (Compare the Difference Between Similar Terms, 2011). It is quite simplistic but I feel it gives a snap shot overview for ease.

Blue Table showing the Differences between Unitarism vs Pluralism

1.3 Assess a Range of Factors Which Impact on Employment Relations

There are many factors that impact on employment relations, such as:

The Psychological Contract

I believe the psychological contract can have one of the biggest impacts during an employee’s career. If the employer and employee do not have similar values it could result in unnecessary conflict or at worst case, early departure from the organisation. According to the CIPD (2019) “The term ‘psychological contract’ refers to subjective expectations, beliefs and obligations, as perceived by the employer and the worker. This can be challenging if two managers are very different in the way they choose to run their team or just because of the diverse nature of the departments they oversee, I believe this is why most psychological contracts are largely based around the relationship the employee has with his or her line manager.

Economic Factors

There are many economic factors that may affect employment relations such as salaries, benefits, law enforcement, government rulings, unemployment and many more. Economics plays an important part of employment relations and Block, Berg and Belman (2004) suggest as a minimum, it is where an employee offers services in exchange for payment received.

Trade Union Involvement

Trade Unions play a large part in some organisations and although our industry changes have reduced their significance (The Economist, 2015) they still play a vital role in promoting equality for all to ensure the welfare of staff, ensure discrimination is not tolerated (Moeti-Lysson and Ongori, 2011) As well as having a positive impact on employment relations, trade union involvement can mean restrictions are put on employees if policies, processes or various agreements are put in place that they cannot deviate away from.

Part Two – Know About Employment Relations Legislation

2.1 describe and critique the essential features of the contract of employment.

A contract of employment is a legally binding agreement that is enforceable by law between an organisation and employee. A contract of employment does not need to be in writing and can be verbal as long as acceptance is given to the initial offer. “In the UK, the term ‘employee’ is defined by the Employment Rights Act 1996 as an individual who has entered into or works under a contract of service or apprenticeship” as cited by Ayling and Suff (CIPD, 2019).

Contracts of employment are made up of two types of terms called Implied and Expressed.

Expressed terms are normally written but can be given verbally and do not solely need to be included in the contract; they are directly acknowledged by the employer and employee but elements of it can be presented in a staff handbook that sits in line with the contract. Expressed terms must meet the minimum legal requirements such as minimum wage and statutory holiday entitlement and payments linked to it.

Implied terms are words or statements that aren’t physically documented in the contract but it is assumed they are meant to be there e.g. the employer providing a safe working environment and equality of pay for all genders (CIPD, 2019). Trust, respect and development are also implied terms.

Between the implied and expressed terms of a contract, the essential features are generally made up of, who the contract is between, the place and hours of work, salary, job title, regulations around the company requirements and benefit entitlement. In my opinion, implied terms can be misunderstood. If the employee and employer have different goals, they could have varying views of a situation, benefit or policy, however, if all contracts had expressed terms listed as the majority, it could remove potential dispute or misunderstanding.

As of April 2020, all workers (not just direct employees of the company) will be entitled to written terms of employment (Acas.org.uk, 2019).

2.2 Identify and Analyse the Main Sources of UK and EU Employment Relations Law-Making

Male lawyer and business customer handshake after deal agreement

UK and European employment relations are regulated by institutions such as the European Courts of Justice (ECJ) and this was founded by six European states in 1957 (UK in a changing Europe, n.d.), however as cited by the Guardian, the UK didn’t join until 1973 (the Guardian, 2016). In conjunction with the ECJ, employment tribunals also help regulate the employment relations alongside organisations such as ACAS where factual information is given to both employees and employers to help them understand the rules and regulations around basic employment law.

There are three main sources of UK Employment Law and they are: Common Law, Statute and European Law (Tim-russell.co.uk, n.d.)

Common Laws consists of substantive law and procedural law. Substantive law is based around behaviours such as not being able to commit murder whereas procedural law is based on how things should be done (OpenLearn, n.d.). Common Laws are unwritten laws based on legal examples that are recognised by the courts. “Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law” (Investopedia, 2019)

Laws by Statute are laws created or changed by an act of Parliament. Before the law is passed a bill needs to be approved by the House of Commons, the House of Lords and it must have been approved by the monarch in current rule (UK Parliament, n.d.).

European Law “is a body of treaties, law and court judgments which operates alongside the legal systems of the European Union’s member states” (US Legal, 2019).

2.3 Explain the Main Developments in Individual Employment Law

I believe that individual employment law is any law that affects a relationship between an employee and employer.

There are lots of developments in individual employment law with a few being:

  • The Equality Act 2010 – for organisations with over 250 employees, they are now obliged to publish their information on pay that all genders receive known as the Gender Pay Gap (CIPD, 2019)
  • Shared Parental Leave (SPL) – In April 2018, when certain criteria is met, SPL can be claimed and paid.  SPL is not limited to heterosexual couples but applies to all birth or adoptive parents, “whether it is by birth adoption or surrogacy” (Bircham, Dyson and Bell, n.d.)
  • The Taylor Review – A review undertaken by Matthew Taylor, chief executive of the Royal Society of Arts, expressed the want to achieve a result where “All work in the UK economy should be fair and decent with realistic scope for development and fulfilment” (Taylor, 2017). Taylor understood that individuals worked differently so devised a seven step plan that highlighted areas such as the need for “contractors” to be entitled to request direct employment after a term of 12 months with the same employer
  • Tribunal fees – In July 2017 tribunal fees were stopped after they were deemed to be “unlawful and unconstitutional” by the Supreme Court (Toureille, 2018). Understandably, if employees feel aggrieved, they are more likely to raise a case if they don’t have to raise the money upfront.
  • In an article published by People management, Andrew Willis, head of legal at CIPD HR-inform stated “Without the requirement to pay a fee to have a case heard, more employers are likely to face challenges against employment practices, such as wage deductions, even where the overall financial loss to the individual is small,” (Toureille, 2018).

“Trade unions are groups of employees who join together to maintain and improve their conditions of employment” (UNISON National, n.d.) Trade union members benefit from the support of the actual union in the form of representation in employment tribunals, redundancies but also the guidance and advice on employment rights in the workplace and general work related issues.

Trade Unions can be recognised or non-recognised but according to the CIPD (2019) “A trade union is recognised when it is: 

  • independent, and
  • recognised by an employer, or two or more associated employers, for the purpose of collective bargaining.

Where trade unions come to a mutual agreement with the organisation of their own accord, this is known as voluntary recognition. Voluntary recognition is where the trade union asks the employer in writing if they agree to recognise them voluntary and identify who will be represented by the union known as the bargaining unit. This request is made under schedule A1 of the Trade Union and Labour Relations Act 1992.

Recognised trade unions can negotiate on the employees behalf for such things as pay and/or holiday terms etc. and this is known as collective bargaining that can only be carried out if there is clarity around both parties mutually recognising each other (CIPD, 2019)

However, a trade union can request recognition if not voluntarily agreed and this is known as enforced statutory recognition. (CIPD, 2019) When a union applies for statutory recognition it must apply to the Central Arbitration Committee in order to achieve this and where it is granted, the trade union and organisation have 30 workings days to start the collective bargaining.

Part Three – Understand Contemporary Developments in Employee Involvement and Participation

Group of young engaged employees working together at an office desk.

3.1 Explain the Differences in Employee Involvement, Participation and Partnership

Employee involvement is the voice employees have so they can communicate with their employer and express their wishes, opinions, suggestions but also their concerns. By giving employees a voice and asking them to willingly be involved, an organisation can help employees feel more invested, and therefor they may have a higher job satisfaction where they are recognised as a positive person that may create more opportunities for them (CIPD, 2019).

Ways to get employees involved could be by providing a mentoring scheme, provide a suggestions scheme giving employees the input into various parts of the business. Send regular employee surveys asking for their honest opinion or provide a suggestion box as some people don’t like to give ideas due to fear or rejection or just because they like to remain anonymous (Kappel, 2018).

Employee participation can be seen when employees actively take part in a group event. In my organisation we hold monthly employee forums where the representatives act as the voice of all the other employees. They listen to ideas, comments and suggestions then work with leaders to make changes that benefit the employees in a positive way. Joint consultations are another way where employee participation can happen and these can be seen in unionised or non-union organisations. In a unionised environment, these consultations are normally held where both parties have a common interest in the end goal of negotiation.

Employee partnership can form in ways such as direct partnership where the employee has more of an impact on the decision making and can therefore influence it more directly. Corporate governance is a recognised method where companies are required to ensure that the organisation’s employees are represented at all levels, especially board level.

In my opinion, partnership is when both parties show a joint commitment and work together for the success of the organisation they are part of.

In all of the above if the employee is involved as much as practicable, they will generally go the extra mile as they are very clear on what needs to be done to reach goals, they will in turn achieve a greater job satisfaction, be more productive and remain healthy (both physically and mentally)

3.2 Compare and Contrast Union and Non-Union Forms of Employee Representation

Employee representation can be given as an individual or in a group. It can be carried out by union or non-union organisations offering a formal or informal route for communication to take place in a two way stream. Both representations have similarities and differences but one thing remains clear to me, they both offer the employee(s) a chance to voice their opinions, air their views and have input to outcomes that may have an effect on them.

Individuals may want support if they feel the need to raise a grievance and all employees have the statutory right for either a colleague (non-union representation) or trade union representative to be present at meetings (Acas.org.uk, 2014).

Group issues can be dealt with through employee forums where the representatives are nominated employees who will listen to the wants and needs around ‘smaller matters’. For more legally binding issues such as redundancy, a trade union representative could be used to ensure the best deal is achieved for all parties concerned, ensuring a fair process is maintained throughout. Where a trade union representative is used for group issues, this is classed as collective bargaining and will generally involve more senior members of staff (Acas.org.uk, 2014)

I believe participation, involvement and partnership can strengthen the employee voice and alleviate the need for union representation in some situations however, where difficult or sensitive circumstances present themselves such as pay increases or unfair treatment, I believe they may not hold enough influence and a trade union representative could achieve better results for individuals involved.

3.3 Assess the Link Between Employee Voice and Organisation Performance

Employee voice mechanisms can positively impact on organisation performance because forms of it, offer structure, fairness and allow all employees to communicate and negotiate efficiently. By giving employees a voice through being represented, they are more likely to voice their opinion honestly and without fear of being criticised. Employees are more likely to participate in conversations where other employees are managing the discussions, such as employee forums. (Acas.org.uk, 2014)

The below diagram displays the balance of positive results when you do and don’t give employees a voice. (Acas.org.uk, 2014)

Green diagram showing the relationship between representatives and management

Employers and employees should openly communicate on a two way basis and managers should have one to one conversations with their team members regardless of what other forums or representations are available.

The more an employee feels they can talk freely and without being reprimanded, it is suggested the happier they are more likely to be and employees that have a good relationship with their colleagues and line manager are more likely to be motivated in general. Although it is good to talk managers should be very mindful that they must not undermine or interfere with any formal representation already in progress (Acas.org.uk, 2014).

Part Four – Know About Different Forms of Conflict Behaviour and Dispute Resolution

4.1 distinguish between conflict and misbehaviour, and between official and unofficial industrial action.

In my opinion conflict in the workplace happens and can manifest itself in many ways such as job roles being unclear, lack of communication and anything where two or more people can’t agree. It can be between an employee and manager, two employees at the same level or a group of employees. Conflict can be disruptive, hurtful and costly so it is best, where appropriate, to deal with it immediately.

Misbehaviour however is knowingly doing something by choice, that is not acceptable in the workplace and that may cause disruption to something such as a process or system.

If not dealt with or managed correctly, both conflict and misbehaviour can lead to official or unofficial industrial action.

Official industrial strike action is considered to be where any paid work is purposely stopped by a collection of employees (CIPD, 2019). In order to make the strike official, a legal ballot (vote) must be raised. All union members are involved and it is only once the outcome shows a majority vote that the strike can go ahead (GOV.UK, n.d.). Once a decision is reached, employers must be given at least two weeks’ notice. Union members who choose to take part in a strike cannot be dismissed for taking part if it is properly organised by legal ballot.

Unofficial strike action is “any form of industrial action, including a strike, which is not authorised or endorsed by a trade union, will generally be ‘unofficial.’” (CIPD, 2019) and any union member that takes part in an action of this type can be dismissed by the organisation (GOV.UK, n.d.).

4.2 Assess Contemporary Trends in the Types of Conflict and Industrial Sanctions

It is suggested that conflict is more likely to occur when there is a clash of personalities in the workplace and also when there is a lack of clarity around targets to be achieved, general guidelines and rules such as an absence policy. Conflict can appear between work colleagues, a line manager and direct report or employee(s) and individual(s) inside or outside of the workplace; if the issue is not dealt with quickly and effectively it could escalate to some kind of action being taken (CIPD, 2019).

Conflict can result in industrial action and like everything, trends will undoubtedly appear. When the tribunal fees were eradicated and employees were able to raise a claim without the initial cost; the amount of employees who claimed for unfair dismissal rose by 65.5% in 2018 when compared to 2017 as recorded by LAW (Hannan, 2019).

Claims raised for disability discrimination and in particular, mental health have seen a significant increase of 37% when compared from 2017 to 2018 and Health and Safety Executive figures found that there were “26.8 million days lost through work related ill health” (Hannan, 2019)

More people seem to be taking industrial action and some say this is due to the change in social values. Individuals expect change and to be listened to. They are prepared to take a more subtle approach such as lunchtime protests in hope to get results.

United Utilities employees went on strike in 2018 as they were not happy with their pay or working conditions. The employees first actioned a mini strike where they didn’t complete their overtime but then went on to unionised strike where approximately 1,500 employees took part (Scott, 2018).

4.3 Explain What is Required to Advise, Coach and Guide Line Managers in the Skills for Effective Grievance and Dispute-Handling Procedures

Blocks connected by lines form a hierarchical pyramid of the company

Depending on the level of the grievance or dispute, managers will need different skills, development and training . In the main, most managers will need to be able to actively listen to people and ask appropriate open questions if there is a need to delve deeper into a situation where understanding is not first apparent. They need to extract all the facts so investigations can be done if necessary and they should be able to remain impartial though out; if they are unable to remain impartial, they should recognise this and ask for another manager to take over.

Managers need to understand that everyone is very different so they may need to learn about unconscious bias so they are aware of theirs. They should be able to empathise with the individual(s) but understand that there is a professional line that must not be crossed. They should be able to keep calm and focus on the issue at hand whilst not letting conversations get out of control or too heated.

Managers should have the knowledge around policies and processes that are affecting or may affect outcomes. They should be trained in having difficult conversations so they don’t make situations worse. Understand when they are not making progress with an individual or situation and the need to turn an informal process into a formal one (Acas.org.uk, 2014).

4.4 Distinguish Between Third-Party Conciliation, Mediation and Arbitration

Third party conciliation or ADR (alternative dispute resolution) is voluntary but focuses around issues of employment rights and is presented to an employment tribunal. An independent impartial person is appointed and listens to all concerns, evaluates the evidence provided and offers their opinion or proposal to resolve the matter. Parties involved will then accept or decline what has been proposed as it is their decision (JMW Solicitors LLP, n.d.).

Mediation is an informal and voluntary process where an impartial individual tries to help re-establish a work based relationship by finding common ground on highlighted differences that can be worked on. Each person agrees to enter into a confidential conversation with the mediator, gives an overview of their issue(s) with a view to having a balanced conversation with the other person. The mediator would encourage the individuals involved, to reach an agreement they were happy to commit to but would only guide and not enforce anything. Mediation is normally the last informal process in conflict resolution (CIPD, 2019).

Arbitration is similar to mediation and conciliation as it is entered into voluntarily by the parties involved but, whereas mediation and conciliation offer advice, arbitration gives a decision. All parties involved commit beforehand to accepting the decision made by the arbitrator after their opinions and evidence have been presented. Arbitration is legally binding and although it is not a tribunal process, if the employee does not agree with the decision made, they are fully entitled to raise a case at an employment tribunal (GOV.UK, n.d.).

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5OS01 Specialist Employment Law

  • April 26, 2022
  • Posted by: admin
  • Category: CIPD Level 5

5OS01 Specialist Employment Law

This course examines the fundamental principles of employment law and its legal framework, focusing on how people professionals are required to consider legal requirements in various jurisdictions when performing various aspects of their jobs.

You will learn

You’ll learn about the aim of employment regulation and how it’s enforced in the real world. You’ll assess the goals and objectives, the tribunal’s and courts’ roles in enforcing employment legislation, and how disputes are resolved before and after legal proceedings. You’ll learn about the key concepts of discrimination legislation, how to legally manage recruitment and selection activities, and redundancy law and contract amendments. Finally, you’ll discover how to handle wage and working time difficulties in a legal manner and employment rights for flexible working.

The unit is suitable for people who.

This unit is mostly concerned with HR principles. Therefore, individuals who are currently employed in HR or have a strong desire to pursue a career in People Management are the best candidates for the course. The CIPD, on the other hand, offers inclusivity, allowing persons without an HR experience to apply for Associate Level 5 Diplomas in people management and learning and development. They will be able to take on managerial roles in various organizations due to this opportunity.

Learning Outcomes

What are the requirements for entry.

The only qualification for the course is that you know how to communicate in English, which is helpful to English-speaking countries. Applicants who do not speak English as a first language are still eligible to apply. However, they need to have proficiency qualifications, such as the IELTS, to show the CIPD foundation that they can understand English-based courses and assignments. Another unspoken prerequisite is the determination to complete all of the CIPD’s learning requirements, which will enable applicants to work in HR in official positions.

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ACAS (Advisory, Conciliation and Arbitration Service). (n.d) Available at: www.acas.org.uk Aylott, E. (2018) Employment law:  a practical introduction . 2nd ed. London CIPD Kogan Page. CIPD’s Knowledge Hub. (n.d.) Available at: www.cipd.co.uk/knowledge Cushway, B. (2017) The employer’s handbook:  an essential guide to employment law, personnel policies and procedures . 13th ed. London: Kogan Page. Daniels, K. (2019) Introduction to employment law:  fundamentals for HR and business students.  5th ed. London: CIPD Kogan Page. Embleton, S. (2012) 5 rules for carrying out fair investigations.  Employers’ Law . September. pp14-15. Employment law. London: Chartered Institute of Personnel and Development. Available at: www.cipd.co.uk/knowledge/practicalguidance-a-z/employment-law-resources Honeyball, S. (2016) Honeyball and Bowers’ textbook on employment law. 14th ed. Oxford: Oxford University Press. IDS (2011) Forming a contract of employment.  IDS Employment Law Brief . No 924, May. pp15-19. IDS (2014). Mandatory equal pay audits.  IDS Employment Law Brief . No 1006, October. pp15-19. IDS (2014) TUPE changes: what you need to know.  IDS Employment Law Brief.  No 991, February. pp14-18. Lewis, D. and Sargeant, M. (2019) Employment law:  the essentials . 15th ed. London: CIPD Kogan Page. London: Chartered Institute of Personnel and Development (CIPD). (n.d) Factsheets about employment law. Available at: www.cipd.co.uk/knowledge/practicalguidance-a-z/factsheets London: Chartered Institute of Personnel and Development (CIPD). (n.d) Latest news in employment law. Available at: www.cipd.co.uk/knowledge/fundamentals/ emp-law/about/legislation-updates O’Sullivan, M., Turner, T. and Kennedy, M. (2015) Is individual employment law displacing the role of trade unions?  Industrial Law Journal.  Vol 44, No 2, July. pp222-245. Pitt, G. (2020) Employment law. 11th ed. London: Sweet and Maxwell. Taylor, S. and Emir, A. (2019) Employment law:  an introduction . 5th ed. Oxford: Oxford University Press. Taylor, S. and Woodhams, C. (eds). (2016) Human resource management:  people and organizations.  2nd ed. London: CIPD Kogan Page. Taylor, S. and Woodhams, C. (eds). (2016) Studying human resource management. 2nd ed. London: CIPD Kogan Page. The Equality and Human Rights Commission (EHRC). (n.d.) Available at: www.equalityhumanrights.com/en UK Government. (n.d.) Employment Guidelines. Available at: www.gov.uk/browse/employing-people Related Articles:

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employment law assignment cipd level 5

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5OS01 Specialist Employment Law

Introduction to 5os01 specialist employment law.

5OS01 is a specialist unit that examines employment legislation and people professionals’ roles in considering the legal requirements while carrying out different people practice roles and responsibilities.

Learning objectives:

CIPD students should understand:

  • The purpose and enforcement of employment regulation
  • Roles of tribunal courts in employment law
  • Settling cases before and after legal procedures
  • Discrimination law
  • Redundancy law
  • Change in contracts
  • Lawfully managing pay and working time
  • Flexible working regulations.

AC 1.1 Aims and objectives of employment regulation

Students explain roles of employment in:

  • Achieving social justice at work
  • Providing fairness and inclusion at work

Students also explain the economic arguments to-

  • Protect employees against slavery, discrimination, and unjust and negligent acts

Students further explain the need for professionals to understand negative employment regulations arguments relating to complexity of legislation, poor drafting to the regulations, and the groups that oppose workplace regulations.

AC 1.2 Role of tribunal and court systems in enforcing employment law

Students explain the court roles to hear matters related to employment. Students further explain how law is enforced in the workplace.

Students further explain the hierarchy of courts as follows:

  • Employment Tribunal
  • Employment Appeal Tribunal
  • Court of Appeal
  • Supreme Court
  • European Court of Justice
  • County Court

1.3 How cases are settled before and during formal legal procedures

Students explain the role of ACAS and COT3, or the role of Labour Relations Agency and Workplace Relations Commission (ROI) in early conciliation.

Students explain the process of discussion and negotiation during the legal procedures and the settlement agreements between parties in disputes.

Examples that professionals should reconsider when settling agreements include-

  • Financial settlement
  • Writing the settlement agreement
  • Ensuring that the agreement is ‘without prejudice’
  • Voluntary engagement in the agreement settlement process

Students further explain the importance of legal advice when settling agreements.

AC 2.1 Principles of discrimination law in recruitment, selection and employment

Students need to understand employees’ protected characteristics under the Equality Act 2010. The law protects employees against discrimination on gender, age, religion, ethnicity, sexual orientation, disability and pregnancy during recruitment, selection and employment.

Students explain the concepts of direct and indirect discrimination and the nature of workplace harassment against employees on basis of protected characteristics. Students further explain the significance of ‘purpose or effect’ in discrimination law, as well as the concept of victimisation, discrimination by perception and discrimination by association.

Students explain the reasonable adjustments that people professionals and organisations need to focus on when implementing discrimination law, consider remedies in managing discrimination and evaluate the relevant cases relating to discrimination law in recruitment and selection.

AC 2.2 Legal requirements of equal pay

Students explain the principles of equal pay, significance of defending equal pay claims, considerations of the relevant cases relating to equal pay and conduct reviews for organisation compliance to equal pay laws and regulations.

AC 3.1 Legal implications of managing change

Students explain the lawful processes in consultation, getting into an agreement and dismissing or re-engaging during the change process.

Students explain legal requirements on change in employment contracts. They explain possible risks of contract breach, ‘stand and sue’, risks of employee discrimination during change, and legal requirements in constructive dismissal.

Finally, students explain law principles in redundancy in the organisations, redundancy pay, and consultations during the redundancy process in the organisation.

AC 3.2 Legal requirements relating to transfers of undertakings

Relevant legislations include-

  • Transfer of Undertakings Protection of Employment (TUPE) Regulations
  • Legal requirements relating to employees liability information
  • Students explain rights of affected employees due to information and consultation
  • Legal requirements and consequences of legislation breach

AC 4.1 Statutory workers’ rights in relation to pay

  • Laws on wages and salaries
  • Statutory pay rates
  • Itemised pay statements
  • Linking statutory pay to working time and absence due to sickness

AC 4.2 Statutory rights in leave and working time

  • Working time legislation
  • Employee entitlement to annual leave
  • Maximum working hours provisions
  • In-work rest periods
  • Pay on annual leave
  • Night workers’ provisions

AC 4.3 Principles of maternity, paternity and adoption rights in context of employment rights

Students explain employees’ rights and statutory regulations during maternity, such as pay during maternity leave and off days to attend antenatal care. Students also explain pay and number of leave days for employees taking paternity and adoption leave. Further, students explain the qualifying periods of service for the employees.

AC 4.4 Employment rights relating to flexible working

Students explain the rights of employees on different work arrangements, such as-

  • Paid and unpaid time off during work hours
  • Working during weekend and holidays
  • Employees’ rights to request for flexible working (on basis of care responsibilities and on religious grounds)
  • Basis on which employers may refuse to grant the requests.

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Moscow City Council v Bankers Trust Company and Another

  • Arbitration Law
  • Domestic Arbitration
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  • Court System
  • Entertainment and Media
  • Human Rights
  • Rights and Freedoms

[2004] EWCA Civ 314

The Vice-Chancellor

Lord Justice Mance and

Lord Justice Carnwath

Case No: A3/2003/1477

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE QUEEN'S BENCH

DIVISION COMMERCIAL COURT (COOKE J.)

Royal Courts of Justice

London, WC2A 2LL

Mr Graham Dunning QC & Mr Paul Key (instructed by Hogan & Hartson) for the Appellants

Mr Michael Bloch QC (instructed by Clifford Chance LLP) for the Respondent (BTC)

Mr Michael Sullivan (instructed by Watson Farley & Williams) for the Respondent (IIB)

Introduction

Party autonomy is fundamental in modern arbitration law. S. 1 of the Arbitration Act 1996 provides that the provisions of Part I ( sections 1 –84)

"…. are founded on the following principles, and shall be construed accordingly- (a) the object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense; (b) the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest; (c) in matters governed by this Part the court should not intervene except as provided by this Part".

Among features long assumed to be implicit in parties' choice to arbitrate in England are privacy and confidentiality. The Act's silence does not detract from this. In its Report on the Arbitration Bill dated February 1996 (paragraphs 10–17), the Departmental Advisory Committee ("DAC") (chaired by Lord Saville) recorded that "there is …. no doubt whatever that users of commercial arbitration in England place much importance" on privacy and confidentiality "as essential features". The DAC cited a survey conducted among "Fortune 500" US corporations for the London Court of International Arbitration by the London Business School in 1992. It observed that it was open to arbitration institutions to express corresponding principles in their rules (as the UNCITRAL rules relevant in this appeal do) . It was the difficulty of reaching a statutory formulation, in the light of "the myriad exceptions" and the qualifications that would have to follow, that led the DAC to conclude that the courts should be left to continue to work out the implications "on a pragmatic case-by-case basis".

S. 68 is one of the safeguards "necessary in the public interest", mentioned in section 1 . It enables a party to arbitral proceedings to

"apply to the court challenging an award in the proceedings on the ground of serious irregularity affecting the tribunal, the proceedings or the award".

Pursuant to The Civil Procedure (Amendment No. 5) Rules 2001 S.I. No. 4015 (L32), the relevant rules governing such applications have since 25 th March 2002 been CPR 62.2 to 62.10 ("Section I" of Part 62) . For the purposes of claims under the 1996 Act, CPR 62.2 contains a wide definition of "arbitration claim", which includes any application under s.68:

"62.2-(1) In this Section of this Part "arbitration claim" means- (a) any application to the Court under the 1996 Act; (b) a claim to determine- (i) whether there is a valid arbitration agreement; (ii) whether an arbitration tribunal is properly constituted; or what matters have been submitted to arbitration in accordance with an arbitration agreement; (c) a claim to declare that an award by an arbitral tribunal is not binding on a party; and (d) any other application affecting- (i) arbitration proceedings (whether started or not) ; or (ii) an arbitration agreement. (2) This Section of this Part does not apply to an arbitration claim to which Section II or III of this Part apply."

CPR 62.10 provides:

"(1) The court may order that an arbitration claim be heard either in public or in private. (2) Rule 39.2 does not apply. (3) Subject to any order made under paragraph (1) — (a) the determination of— (i) a preliminary point of law under section 45 of the 1996 Act; or (ii) an appeal under section 69 of the 1996 Act on a question of law arising out of an award, will be heard in public; and (b) all other arbitration claims will be heard in private. (4) Paragraph (3) (a) does not apply to— (a) the preliminary question of whether the court is satisfied of the matters set out in section 45(2) (b) ; or (b) an application for permission to appeal under section 69(2) (b) ."

CPR 62.11 to 62.16 ("Section II") regulate pre-1996 Act arbitration claims and include no equivalent of CPR 62.10 .

The issue on this appeal is whether a judgment dismissing an application made under s.68 or failing that a Lawtel summary should be available either for general publication or for limited publication to specified financial institutions. The appellants, the Department of Economic Policy and Development of the City of Moscow and The Government of Moscow (together "Moscow"), submit that it should be. The respondents, Bankers Trust Company ("Bankers Trust") and International Industrial Bank ("IIB"), resist this. The judgment was given by Cooke J on 21 st March 2003, dismissing applications under s.68 by Bankers Trust and IIB, seeking respectively the remission and the setting aside of a single arbitrator's award dated 30 th May 2002 for serious irregularity. The following circumstances are already in the public domain: that the arbitration involved three sets of parties, Bankers Trust, Moscow and IIB; that the arbitration was under UNICTRAL rules in London; that Bankers Trust was claiming to recover funds allegedly advanced under a Credit Agreement No. 750 dated 24 th October 1997 made originally between Moscow and IIB; and that under the award Bankers Trust succeeded against IIB, but not against Moscow. UNCITRAL Rules provide:

"25.4 Hearings shall be held in camera unless the parties agree otherwise. …. 32.2 The awards shall be made in writing and shall be final and binding on the parties. The parties undertake to carry out the award without delay. …. 32.5 The award may be made public only with the consent of both parties".

The arbitration took place in private, and the award was published only to the parties. Bankers Trust's and IIB's application under s.68 were themselves heard "in private" under CPR 62.10 (3) (b) . No contrary application or order was made under CPR 62.10 (1) .

Prior to and during the arbitration Bankers Trust gave notice to various financial institutions who had at IIB's or its instance acquired an interest as sub-participants in Credit Agreement No. 750; and, after receiving the award it wrote to those investors implying that its failure to establish any default by Moscow was due to a "surprising" application of Russian law by the arbitrator. While the London arbitration was in progress, on 23 rd October 2001 the City of Moscow issued an Offering Circular, through ING Barings and UBS Warburg as lead managers in London with Chase Manhattan (London) as trustee, to raise Euro 300,000,000 by way of loan participation notes due 2004. The Circular referred to claims against it in an ongoing arbitration by "an international bank" in respect of a loan allegedly made to it by a Russian bank, and recorded that Moscow contested these claims on the basis that it had never received the funds and said that it believed that the funds had been "improperly misappropriated" by the Russian bank. Further, the judgment which Cooke J handed down in writing on 21 st March 2003 was not marked private, and, although the point about privacy was immediately raised with him and stood over for further argument, Lawtel received a copy of the judgment, which in good faith it summarised on its website and by email to its 15,000 or so subscribers, in each case with a link to the full text on its website. Objection was at once raised by Bankers Trust and the material on Lawtel's website was deleted. There is no evidence that any subscriber in fact downloaded all or any part of the full transcript during the limited time that this was on the web. But the relevant email summaries remained, and may still remain, on computers belonging to all those subscribers who received the email summary.

Both before Cooke J and before us, Moscow's primary case has been that the judgment or failing that the Lawtel summary should be available for general publication. Only alternatively has Moscow applied for limited permission to send the judgment, or the Lawtel summary, to the sub-participants in Credit Agreement No. 750. There are two potential problems about this alternative. First, I find it difficult to see how, if such publication were permitted, publication could or would be restricted to sub-participants. But I do not think that could be critical if publication to them was otherwise justified, and it does not arise if more general publication is justified. Second, Bankers Trust has in its skeleton, although it did not stress this orally, objected that use of the sub-participants' identities for the proposed distribution would conflict with Moscow's implied obligation to keep confidential information obtained by way of disclosure in the course of the arbitration. That problem is not before us, and we are not in a position to adjudicate on it. Moscow's expressed reason for wishing for publication is that it should be able to demonstrate "to the international financial markets" or "investment community" generally that the arbitration award holding that it had not committed any sort of financial default "had been the subject of detailed and careful scrutiny by the Commercial Court which rejected all … attacks" upon it. ...

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  5. Employment Law Assignment Sept 2020

    5EML 110004 (17) CIPD Assessment Activity Template. Title of unit/s Employment Law. Unit No/s 5EML. Level 7 (level 5 UK). Assessment method Creation of a 30 minute training programme. Learning outcomes: On completion of this unit, learners will: 1 Understand the purpose of employment regulation and the way it is enforced in practice. 2 Know how to manage recruitment and selection activities ...

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    Level 5 Diploma - Employment Law assignment Roberta | 0 Posts 14 Dec, 2019 20:07 Hi I am after a little bit of advice please. In completing my employment law assignment, when it comes to citing case law is it acceptable to reference the case in the body of the assignment without necessarily summarising the case (using Harvard referencing)?

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  19. Moscow City Council v Bankers Trust Company and Another

    For the purposes of claims under the 1996 Act, CPR 62.2 contains a wide definition of "arbitration claim", which includes any application under s.68: "62.2- (1) In this Section of this Part "arbitration claim" means-. (a) any application to the Court under the 1996 Act; (b) a claim to determine-. (i) whether there is a valid arbitration agreement;

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