CIPD Level 5OS01 Specialist Employment Law Assignment Example, UK
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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.
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5OS01 Assignment Example
- September 23, 2022
- Posted by: admin
- Category: CIPD Level 5
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)
‘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.
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.
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.
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.
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.
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.
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.
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 .
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5EML Assignment Example
Employment law governs the rights of the employees and provides governance on how they should be treated. The laws are meant to secure the interests of the employees and help determine the role of experts and HR practitioners in ensuring that the laws are adopted in the organisation. The following booklet provides information on the aspects of law to be submitted to the Citizens Advice Bureau. The booklet will refer to the UK employment laws, and examples will be provided to provide evidence on the same. This will be in accordance to CIPD (2020) where the legal requirements are considered in completing the different HR functions such as selection and recruitment of employees to the workplace.
1.1 aims and objectives of employment regulation, employee protection.
Employees have the right to be protected in the workplace, and there are also legal rights that they are entitled to. The objective in this case is to ensure that employees are not discriminated on basis of age, religion, gender, sexual orientation, or any other of relation that they might have. Employees are legally protected in all stages of relations between them and the employers, from the earliest stage of recruitment to the later stage of retirement of exit from the workplace. According to Wintemute (2016), the Equality Act and EU anti-discrimination laws fight for the rights of employees in the workplace, and the employers are expected to follow the laws and guidelines to ensure that employees are protected in their work places.
Social justice is an objective that is meant to ensure that every employee is given the right to have access to employment, and no form of discrimination should be realised within the workplace. According to CIPD (2020), social justice promotes diversity and inclusion in the workplace, and the Equality Act 2010 sets the standards on how the employees should be treated under the UK employment law.
The employers with the support of HR professionals in the workplace should ensure that they treat all employees in fairness. Fair procedures in different HR functions should be followed to ensure that the HR adheres to the laws strictly. This also prevents discrimination and provides a safe work place for the employees, while at the same time enhancing employee productivity. Guest (2017) urges HR professionals to commit to the law to enhance fair treatment of the employees, which is significant in promoting job security for the employees.
1.2 Role played by tribunal and courts system in enforcing employment law
Employment tribunal deals with the employment related claims, where the tribunal proceedings start three months from the date when the complainant reported the claim. The claimant in this case has to lodge complains in a form, providing particulars on the issues that have resulted to they claim. ACAS plays a role in enhancing early conciliation before the claim is taken to tribunal. After the claim is taken to the tribunal, the judge reviews the paperwork and sometimes the claims are dismissed if they are made on unreasonable grounds. When the judge decides to go further with the proceedings, a witness is expected to attend to provide statements on the issues. The claimant and the respond are expected to appear in tribunal hearings, failure to which the claim may be dismissed, or judgement may be made in favour of the party in attendance (CIPD, 2017).
The court system
The employment court system, which is categorised as the civil law is enforced when the claimant sues the respondent in the civil court. The claimant in most cases is an employee who files allegations that show that he/she has been treated against the legal standards. A good example may be a complaint from an employee that the employer is giving wages below the minimum legal wage. When the civil court fails to address an issue, it is taken to the court of appeal, and later to the Supreme Court if the court of appeal fails to make judgements on the case. The employee should have proof of the claim to show to the court that the pay is below the standard pay wage.
The following is an illustration of a journey of employment tribunal through to the courts up to the court of appeal. The case of Chief Constable of Norfolk v. Coffey is an example.
The highlights of the case are that the employer should assume that the current condition of the officer should not be used against him. In order for the condition to be determined as progressive, medical evidence should be provided to show that the employee is likely to become disabled in the future. Nevertheless, the claimant has the right to be treated in fairness like other employees, without the employer having to identify with the issue of perceived disability (Simpson, 2019).
1.3 How cases can be settled before or during formal legal procedures
Early conciliation involves having the employees raise the concerns informally or write a formal grievance where they get to communicate and interact with the employer in order to address the issue. Employees are expected to inform ACAS before making a tribunal, and this allows the team to engage the respondent in resolving the dispute. Early reconciliation makes it possible for the claimant and the respondent to make early agreements without involving the tribunal (ACAS, 2020).
Arbitration is the method used to resolve dispute where a third party makes decisions on behalf of the claimant and the respondent. The arbitrator should be a neutral person, who takes time to listen to both sides of the dispute. Before the arbitration process starts, the parties should agree to respect and adhere to the decision made by the arbitrator. In doing so, the parties should sign an ACAS form to agree to the terms (ACAS, 2020).
2.1 principles of discrimination law during recruitment, selection, and employment.
The principles of discrimination relate to the identification of the means through which the employees are protected under the Equality Act 2010. Discrimination may be direct, indirect, and in association to. Avoiding discrimination relates to avoidance of protected characteristics such as age, sexual orientation, sex, marriage, gender, race, disability, and religion.
This type of discrimination arises when one party discriminates against on basis of protected characteristic. It also involves having one party treat the other party in a less favourable way as opposed to how they would treat others (Albert, 2019). In recruitment and selection for instance, the HR professionals should not focus on asking questions on the protected characteristics mentioned above. HR should not ask questions on whether candidates seeking for a job opportunity have any form of disability that would prevent them from effectively handling job roles. Instead, they should ask candidates whether they should adjust to make employees fit in the new job roles and job conditions.
Indirect discrimination occurs when a criteria is developed that seems neutral to some, but in reality or practice, it is less fair or less favourable to a minority group. Sometimes, the arrangements made in recruitment and selections are valid to the employer if they can be justified (Albert, 2019). For example indirect discrimination may arise on basis of sex, for a case when internal recruitment for a certain job position are advertised internally and the only persons who can apply for the job are men. This may be a form of indirect discrimination against women on gender basis.
Discrimination by association
This is where less favourable treatment is observed on ground of a third party. The victim of discrimination does not directly possess the protected characteristic. Sometimes, an employee may be discriminated because maybe one of their siblings is gay. This is discrimination by association, and it may also happen in recruitment and selection.
2.2 how contracts of employment are established.
A contract of employment is an agreement between the employer and the employee, and it has to be binding for it to be a legal contract. The Employment Rights Act 1996 is a regulation that well describes who an employee is, and helps determine the written statements on the relations between the employer and employee on the legal context.
There are four elements of a valid contract, and they include offer, acceptance, consideration, and intention to create legal relations. The UK legal position is governed by the contract law where the employer gives offer of employment to the employee, to help identify the conditions that the employee is expected to work with. Acceptance is the second element where the employee gets to accept what the employer has provided. The third element identifies with the considerations between the parties on basis of wages as well as hours of work and other express terms. The fourth and final element is the intention to create a legal binding agreement between the employer and employee (CIPD, 2020).
Differences between express and implied terms
The contract of employment is a combination of the express and implied terms. Express terms are those that are written and given to employees, and others are also given to them verbally. According to Golding (2020), employers within an organisation have to understand the law in order to draft express terms of employment. The mandatory express terms a contract include the salary and benefits given to the employees, the working hours, which are differentiated on the flexibility of the employees to working in the organisation, the employee status in the business, and the rules and regulations that govern different work particulars in the organisation. These mandatory have to comply with the UK regulations on working hours. ACAS has provided guidelines that employers should follow in determining the maximum hours that the employees should work, the breaks and holidays given to employees, work experiences, and flexible working hours requested from employees.
Implied terms on the other hand are those that are implicit in the employment contracts. The implied terms are incorporated in the workforce agreements between employers and employees. The terms determine the duties of employers to employees, and duties of employees to their employers. Implied terms identify with the standards and rights of the employees in their contribution to completing the organisational roles and objectives (2019).
3.1 When and how contracts can be changed lawfully
Contracts can be changed lawfully under the flexibility clauses. Flexibility clauses allow employers to change some of the employment conditions, but the only changes should be made have to be highly reasonable. For example, when an employer engages an employee and requires the employee to work as an expatriate in a different country, the employer may use the flexibility clause to change the terms of employment with the employee.
The two alternative ways in which organisations change contracts include negotiations and forcing the change. According to Springer (2015), it is necessary to make agreements when the need arises to be flexible. In order for an agreement to be made, the parties have to engage in negotiations where they come up with alternatives to support the suggestions. For instance when employees move from the organisation as expatriates, employers may negotiate with them on the new term of employment. Forcing change is the second alternative where employers force changes even if they affect the terms of contract with their employees. An example is the restructure of John Lewis Company, where the executive team had to fire some of the executive team members (Moss, 2019). It is certain this was not the agreed terms, but the management changed the terms.
3.2 requirements of redundancy law.
Redundancy should be the last resort within the organisation, but when the need arises and the organisation has to change and result to redundancy, the HR has to relate with the laws on the same. Employers propose redundancy to reduce the costs of business operations and this is made significant when the numbers of employees are reduced in the business workforce. Redundancy in the context of employment law requires employers to follow relevant legislation to enhance understanding of the legal reasons on why redundancy is considered.
The Employment Rights Act 1996 requires employers to give reasons for redundancy, and the validity of the reasons is realised when employer ceases to continue with the business operations, and diminishes the employee roles in the business (STA Law Firm, 2019). The Trade Union and Labour Relations Consolidation Act 1992 requires employers to engage in consultation before they result to dismissal of 20 or more of the workers in the organisation. Failure to engage in consultation results to breach of the law and the employers have to be accountable for this. An example is the Ethel Austin Company that made over 1700 employees redundant without consultation (Labour and European Law Review, 2015).
Steps to lawful redundancy (ACAS)
The first step according to ACAS involves making decisions on whether redundancy is necessary, and this helps in effective planning. The second step involves holding redundancy consultations, to provide plans on the changes, and seek feedback from employees and their representatives on the same. Consultation depends on the number of employees being dismissed from the workplace, and the period of time the employees have worked in the organisation. The third step is selection of employees for redundancies, and this involves selecting employees from a pool and their representatives. The fourth step is giving employees notice of redundancy, both face to face and in writing. Fifth step is to work out the redundancy pay, and the least statutory amount should be paid to employees. Employment contracts should be checked against the redundancy pay. The sixth step is to support the staff and help them plan for the future. This can be done through counselling, provision of financial advice, and helping employees get work from another company.
Failure of the employers to follow the above identified steps may result to staff redundancies as the remaining employees will fear about the security of their jobs. They may also experience poor morale that may affect their productivity and performance in the business. The employers may also face tribunal claims from the employees dismissed from the workplace (Odesola, 2019).
3.3 Main requirements of law on business transfers
According to CIPD (2020), the law requirement on business transfer requires is the Transfer of Undertakings (Protection of Employment) TUPE 2006. This law enhances protection of employees after the business is transferred to a different owner. Employees are entitled to terms and conditions of employment that they had before the business is transferred. According to the Employment Rights Act 1996, the employees are also entitled to continuity of employment. This means that the rights of the employees must be protected even after the business is transferred.
Process for successful TUPE transfer (ACAS)
Conducting TUPE transfers requires the employers to follow four stages. The first stage is to research on the advantages and disadvantages of transfers before committing to the transfer. This stage also involves planning for the transfer and determining the future risks and benefits.
The second step is preparing for the transfer, where employers identify actions to be taken in managing the transfer process for both the incoming employers and the outgoing employers.
The third is the transfer stage where incoming employers identify actions to effectively manage employees and increase their morale. Outgoing employers have to continually engage with employees to find out how they are coping after the transfer.
The fourth stage is after the transfer where performance and productivity of employees is measured after transfer. Problems are also identified to help employers make adjustments to address the challenges (ACAS Guide, p. 16-29).
4.1 statutory rights workers have in the fields of pay, leave, and working time.
Workers in UK have the right to minimum wage under the National Minimum Wage Act 1998. Scott (2017) explains the case of Best Connection Group v HMRC, where after investigations; HMRC found out that the employees supplied by the Best Connection Group agency were paid less than the minimum wage. On each employee who was underpaid, HRMC gave a notice that the agency would incur a penalty. Best connections paid some of the employees and part of the penalty, and HRMC issues more penalties. In a tribunal, the judge argued in favour of HRMC by stating that unlimited notice can be issues as long as there is a reason to do so, and as long as HRMC has the power to enforce the law.
In the case of Capita Customer Management Ltd v Ali (EAT), Mr Ali claimed that he was sex discrimination on basis of shared parental leave. After his two weeks paternity leave, Mr Ali received 14 weeks statutory pay leave, which was not the case with the female maternity leave pay. The Employment Appeal Tribunal held that male employees cannot be compared to female employees on maternity leave. Ali made an appeal to the court of appeal that there was sex discrimination on basis pay given to the workers while on maternity leave. The shared parental leave was meant for childcare, but maternity leave is meant to help women recuperate from pregnancy, birth effects, breastfeeding, and development of relations between the mother and new born child. The circumstance of the woman is different from the man as Ali was expected to take the leave to provide child care.
On the working Time Regulation 1998, the case of Ville de Nivelles v Matzak (ECJ) on working time is to be evaluated. Matzak was expected to be stand-by and report to work eight minutes after he was called to duty by his employer. The stand by time should be regarded as working time because the employer restricted his movement, and thus Matzak should be compensated for the same (Judgement of the Court, 2018).
4.2 Requirements of equal pay law
The equal pay law works on basis of promoting fairness and the Equality Act 2010 regulation was introduced to ensure that the employers treated their employees fairly. The law holds that men and women should be paid equally as long as they do similar work, similar rated work, and work that is of equal value (CIPD, 2020). Employers are obligated to provide equal pay to the employees to avoid pay discrimination (Hepple, 2010). In my organisation, the HR has promoted pay transparency to ensure that there is no evidence of pay discrimination between men and women.
4.3 Maternity, paternity and other family-friendly employment rights
The maternity, paternity, and family-friendly employment rights are meant to promote work-life balance and childcare. Employers hare obligated to support parents as they seek to commit to their families.
Maternity leave and pay
Before childbirth, women who are pregnant are entitled to paid time off to visit ante natal clinics. Women are entitled to compulsory maternity leave after birth. Women may take statutory maternity leave of up to 52 weeks, with 39 weeks statutory maternity pay. Shared parental leave is available to both parents in. After maternity, women have the right to return to work with the same terms and same benefits, and request for alternative work when there are any possible health risks. They also have the right to be protected from detriment and unfair treatment (CIPD, 2020).
Paternity leave and pay
Fathers are entitled to unpaid time off to accompany their partners to ante natal clinics. Paternity leave is given to the biological father of the child or a partner to the pregnant mother. Paternity leave duration is two weeks, which should be taken any day after the birth of the baby, and within the first 56 days of the baby’s birth date. Same to the women, the fathers have the right to return to the same job with the same terms and conditions of employment (CIPD, 2020).
Family friendly employment rights
The employees have the right to take time off for emergencies, when any of their dependent family members or friends request for such. This means that the employees have rights to flexible working to attend to the issues of concern. However, they are given unpaid off to attend to such.
5.1 Requirements of health and safety law
The Health and Safety at Work 1974 regulation works together with the Management of Health and Safety and Work Regulation 1999. These regulations are meant to promote well-being of the employees in the workplace (CIPD, 2020).
Employers have the obligation to provide safe and healthy working condition for employees and in so doing must follow the statutes and codes of practice under the HSWA act. This means that they should examine causes of harm and assess precautions that should be taken to prevent any harm and risks that may cause injury to employees (CIPD, 2020).
Employees are expected to identify hazards in the line of work and report to the employers to promote safety in the workplace. Flexibility in working hours under the Working Regulation Act 1998 is also significant in promoting health and safety among the employees (CIPD, 2020).
5.2 Explain the significance of implied duties as regards the management of employees at work
Managing employees at work is a responsibility that the employer should take to establish a good relationship that will promote performance in the business. Employers have the duty of treating employees fairly, provide high form of respect to them, and ensure that they develop a psychological contract where each party’s expectations are well defined, respected, and followed (Alfes, Veld, and Furstenberg, 2020). The duty of mutual trust and confidence is an implied term of employment contract, which requires the employers to provide a safe working environment where the well-being of the employees is well taken care of. Employers have the duty to pay employees for the work done, and follow the regulations that enhance fair treatment of all the employees.
Breaching of employment contracts and implied duties result to loss of money that is used in resolving the differences experienced between employer and employee. Failure of the employee to adhere to employment contracts may lead to dismissals, which may sometimes result to financial compensation.
In order to resolve issues that might be considered to be the cause of contract breach; the employers are expected to develop a platform of communication between them and employees. This according to Dixon-Fowler et al. (2020) enhances development of self-concept, which is significant in determining the involvement of employees in solving some of the conflicts experienced as a result of breach of contract. For the employees, they should be keen to identify misunderstandings before they emerge to conflicts, and seek early reconciliation before making claims to tribunals and courts. They should also make sure that they identify the right procedures that they should follow when addressing grievances.
5.3 Principles of law on freedom of association
Every person has the right to freedom of association under the Human Rights Act 1998. According to ACAS (2020), the Human Rights Act identifies with the basic rights if fairness, equality, dignity, autonomy and respect for all. These are the rights and principles that are incorporated in the employment law for all the employees within a particular workplace. Article 11 of the Human Rights Act developed the right of freedom of association, where employees are given the right to associate with others, and even form trade unions. Employers should never prevent employees from join trade unions, as this would be preventing the employee from exercising the right to freedom of association. It is against the law for an employer to prevent the employee from joining a trade union.
6.1 Requirements of unfair dismissal law in respect of capability and misconduct issues
Dismissals occur as a result of employee inability to complete their job roles and perform their different assigned tasks. The UK employment law requires dismissals to be fair, and this should only happen when the relevant procedures and relevant laws are followed. Dismissals as a result of capability issues occur when employees fail to perform their jobs, and when employers are unable to control the employees as a result of misconduct.
According to ACAS, employers may follow the following steps in disciplining employees as a result of misconduct. The first step understands the options available for an employee to deal with the misconduct or performance. This involves developing strategies to solve the issues. The second step is following a fair procedure where employees are informed of their misconduct and poor performance. Employees may raise grievances or decide to resign, and this gives way to the third step where an investigation is carried out. This involves collecting information on the misconduct or employee capability. The fourth step allows for disciplinary hearing where meetings are held for employees to answer to their misconduct or capability. The fifth decision relates to development of a decision on the disciplinary outcome, which should be fair and reasonable. First, employees may be given a warning, and when they fail to change, they may be dismissed for the misconduct. Finally, a record of kept of the disciplinary procedure, and all the information has to remain confidential.
Dismissal may be as a result of; 1) Misconduct that relates to failure of employees in following instructions, lateness and absenteeism, stealing. 2) Capability that relates to incapability of employees in completing standard jobs, and unwillingness to effectively carry out assigned job roles and responsibilities. 3) Redundancy, which relates to closure of business. 4) Breach of statutory restriction, which identifies with breaking the law and failure to follow the right procedures, and 5) other substantial reason as long as it is fair and genuine, and that which investigations have been carried out regarding the misconduct.
6.2 Scope of the right for employees to be accompanied at serious discipline and grievance hearings
In serious disciplinary grievance hearings, an employee has the right to be accompanied. ACAS explains that the employees can be accompanied by a different person during hearing, but the employee should make this known to the employer, so that arrangements can be made on the same. Companions can either be a worker or colleague who works with the employee, a union representative, or an official who is employed by the trade union. The role of the companion during hearing is to provide a respond to the different points of concern that are developed during the meeting. The companion also takes notes during the hearing, and this helps him/her sum up the important issues of the case after the hearing (ACAS, 2020).
ACAS (2020) Disciplinary procedure: step by step, online, available at https://www.acas.org.uk/disciplinary-procedure-step-by-step
ACAS (2020) Dispute resolution, online, available at https://www.acas.org.uk/dispute-resolution
ACAS (2020) The Human Rights Act, online, available at https://archive.acas.org.uk/index.aspx?articleid=4898
ACAS Guide, Handling TUPE transfers, online, available at https://archive.acas.org.uk/media/4012/Handling-TUPE-transfers-The-Acas-guide/pdf/Handling-TUPE-Transfers-The-Acas-Guide.pdf
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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.
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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1.1 explain the aims and objectives of employment regulation..
Employment regulation plays a vital role in upholding fairness at work. Employment regulation ensures that fairness is practiced throughout an organization’s operations starting from the recruitment and selection, during training or coaching, when issuing compensation, carrying out performance assessment, and during employee relations. Another way through which employment regulation fosters fairness at work is by providing employees with a legal avenue that they can use to report or take legal action in case they feel they are being treated unfairly at work.
- Social Justice
Employment regulation is one of the few ways of ensuring there is social justice in the workplace. It does this by putting measures in place that guarantees there is equal opportunity in the workplace, presence of basic rights, compels employers to create fair working conditions, curbs industrial unrest, and making sure that all employees are given fair compensation and wages for the work they do.
- Employee Protection
Employee protection is one of the most important functions of employment regulation. It is put in place to make sure that employers meet all the legal requirements provided for in the law regarding workers and working conditions. Further, employment regulation protects employees since it ensures that employees get compensated fairly, receive their pay on time, and their contractual agreements fair and humane.
1.2 Describe the role played by the tribunal and courts system in enforcing employment law.
The employment tribunal handles all employment claims and grievances including unfair dismissal, discrimination in the workplace, equal pay, unfair treatment, redundancy, salary deductions, maternity, and paternity rights. Any worker who feels like they have not been treated fairly at work or that their contracts or contractual terms have been breached are allowed to pursue all legal means to redress or to seek different levels of compensation.
Before submitting any case to the employment tribunal, there are several things that the affected party must submit. The first requirement is to avail and submit the ET1 Claim Form. A copy of the ET1 Claim Form will be forwarded to the petitioner’s employer. Upon receipt, the employer can either respond or defend the claims. The employer’s response is submitted through the ET3 Response Form. The UK justice system allows both the employee and the employer to appeal the decision of the Employment Tribunal. All appeals are forwarded to the Employment Appeal Tribunal which listens to these cases. In case the aggrieved parties feel that the matter is not adequately resolved, further appeals can be drafted and forwarded to the UK’s highest Court of Appeal. If the matter is not adequately resolved, the matter can then be forwarded to the Supreme Court. If the case is not resolved by the Supreme Court there is still a provision to forward it to the Court of Justice of the European Union (CJEU) (Taylor, 2021).
1.3 Explain how cases can be settled before or during formal legal procedures.
Mediation, arbitration, and conciliation are some of the common ways of settling cases outside legal proceedings. Mediation, as an alternative dispute resolution approach, utilizes a neutral party whose aim is to assist the conflicting parties to work their way towards constructive negotiations thus assisting them to reach a mutually acceptable resolution. The person appointed to be a mediator works collaboratively with all the affected parties to establish the source of their conflicts and align their priorities. Advantage of mediation: it’s confidential, it’s a relatively quick and inexpensive process. Key disadvantages include the fact that parties can withdraw at any moment and the meditation does not always result in an agreement (ACAS, 2021).
Arbitration, as an alternative dispute resolution approach, involves the use of an extra individual or a tribunal that has been approved by all the affected parties to help them to come up with a decision that has been agreed on by all the affected parties to end an existing dispute (ACAS, 2021).
ACAS offers three main services, conciliation, arbitration, and mediation. Its roles include providing confidential and impartial advice on trade union disputes, assisting employers and trade unions to draw up work agreements or contracts, assist organizations to resolve workplace disputes, offer training on employment matters, and occasionally can be used to solve employment tribunals (ACAS, 2021).
2.1 Identify the main principles of discrimination law during recruitment, selection and employment.
Discrimination can be classified into three categories, direct discrimination, indirect discrimination, and associative discrimination. Direct discrimination, is when a person or a group of people are subjected to poor treatment because they are linked to specific protected characteristics. Indirect discrimination comes about if there is a policy that has been put in place that is employed the same way for everyone else, but the same policy disadvantages one person or a group of people linked to specific protected characteristics. Associative discrimination takes place when an individual or a group of people faces discrimination based on the association they share or have with another person, or a group of people belonging linked to specific protected characteristics (Popat, 2019).
The main principles in discrimination law pertaining to recruitment selection and employments per The Equality Act 2010 it is unlawful for organizations to show prejudice against job applicants because they possess the protected characteristic; withhold a job offer to an applicant because they possess protected characteristics; developing appropriate criteria and conditions when setting up their job requirements; to make rational alterations to the recruitment process and make sure they have capacity for applicants with any form of disability. The Equality Act 2010 also makes it illegal for employers to ask potential job aspirants questions concerning their health status or disability before extending a job offer. The law allows employers to create targeted recruitment when their aim is to focus on people who are disadvantaged or under-represented; to take specified positive action when dealing with the process of recruitment and promotion; to function as an exemption to the general principle of equality but only in limited circumstances. It is unlawful to give instructions to any employment agency urging them to discriminate against potential job applicants with protected rights (GOV.UK, 2021).
2.2 Explain how contracts of employment are established.
An employment contract is made between two parties, the employer, and the employee. The following are all 4 elements of a valid contract:
- Offer – could be communicated either in writing or verbally. It can also be either conditional or unconditional.
- Acceptance – it’s the act of accepting an offer. All the parties become legally bound once the aspirant accepts the offer. After this, both parties are legally bound by the contract.
- Consideration – highlights what both parties bring to the table. What both parties have to offer.
- Intention – create legal relations
Express terms are terms that are explicitly mentioned or given orally in writing. Conversely, implied terms are not explicitly agreed, drafted, or even included in the contract (Maguire, 2015). The mandatory express terms of a contract must contain the name of the organization and name of employee, the job title, commencement date, place of work, basic wage, details of the salary, working hours, contract dates, job title, description of duties, pension arrangements.
3.1 Describe when and how contracts can be changed lawfully.
Company reorganization can be set off for various reasons. The primary grounds for reorganization and restructuring of a company includes; fixing a broken system, safeguarding the organisation from the effects of a recession, during the merging or acquisition of another company, relocating the company, expanding the company into new markets, creating new opportunities in the organisation, replacing employees in key positions, changing of the company’s customer base, or in the event of downsizing the company (Suff and Ayling, 2020).
Flexibility clauses can be defined as the terms in a contract that grants the employer the power to change certain employment terms in the employee’s contracts. In spite of this power, alterations on the employee’s contracts must be lawful and reasonable. They are a fundamental part of any lawful contractual amendments and are deliberately added to assist the employers to review employment terms in the event there is a need for company restructuring or reorganization (Suff and Ayling, 2020).
There are also alternative ways employers can make contractual changes in the absence of a flexibility clause. This can be done through a mutual agreement with their employees, unilaterally introducing a change to the contract, or by dismissing the afflicted employees and awarding them a new contract. The primary steps include establishing potential grounds for making the changes, accessing the current terms, acquiring written consent. In the event the employees refuse to consent, the organization can take steps such as direct dismissal and re-engagement. Contractual amendments bear potential effects including reduced productivity, possible lawsuits in employment tribunals, loss of morale, and unmotivated staff (Suff and Ayling, 2020).
3.2 Explain the main requirements of redundancy law.
Some of the laws relating to redundancy include Employment Rights Act 1996, Trade Union, and Labour Relations Consolidation Act 1992. Redundancy can be described as a special type of dismissal that can take place when an employer wants to cut down the size of its workforce. Under UK law, an employee can be dismissed for redundancy if the employer has closed, or intends to close, their business or when an employee’s ability to carry out a certain task has diminished or is expected to diminish. The main objective of these laws is to make sure there is a fair and sensitive treatment for all the employees who are in the process of losing their jobs (CIPD, 2018).
Employers are required to properly inform employees of the exact reason for the redundancy. contact all the affected parties, the criteria used to select the parties being affected by the redundancy, and the payment calculations methods. In the UK employees are liable for redundancy rights after 2 years of continued service with the same employer (CIPD, 2018).
The following steps outline these steps that need to be followed:
Step 1: Preparation – employer evaluates whether the redundancy is necessary before beginning and committing to the entire process
Step 2: Consultation – involves consulting employees who will be affected. Trade unions are also notified at this stage.
Step 3: Selection – evaluation of all the workers who have been identified as being at a high risk of redundancy.
Step 4: Notice of redundancy and Appeals – entails informing all the employees affected, by giving them proper notification confirming their dismissal. Issuing formal notice.
Step 5: Redundancy Pay – the employer should have a written record explaining to the workers how their redundancy payment was calculated (ACAS, 2021).
The consequences for the organisation of not following these steps include facing lawsuits, negative reputation, low morale, loss of productivity, and immense staff turnover (ACAS, 2021).
3.3 Explain the main requirements of the law on business transfers.
TUPE 2006 was ratified to assist in the regulation and the transfer of undertakings. The objective of this legislation is to make sure that the terms and conditions of an employee are looked after during the transition period. As a result, it shields employees from the negative effects of the transition. Additionally, it also protects an employee’s employment contracts and all the contractual terms of their employment. TUPE prevents employees from being dismissed as part of the agreement. TUPE regulations classify the form of dismissal as part of the transfer as unfair dismissal. There are two different types of transfers that are safeguarded under TUPE regulations; they are: business transfers, and service provision changes. When carrying out business transfers, the company retains its identity in terms of the type of goods and services they offer but the business ownership is transferred. On the other hand, service provision changes the services are reassigned. As a result, the transfer needs to have an economic entity attached to it and not just an arrangement that involves solely the supply of goods and services (ACAS, n.d)
During the transfer process, the parties involved have to consult and hold meetings with the employees as well as their trade union representatives. Employers expected to provide their employees with up to 13 weeks’ pay as compensation. They are also to provide the following information to both their employees and representatives. This information includes the date of transfer, confirmation of the transfer, the impact of the transfer or relocation on the employees, and the actions that have been taken to protect employees from the negative side effects of the transfer. The transfer should also capture extra details such as the terms of service, age, liabilities, and all other relevant details. This should be submitted at least 28 days before the beginning of the transfer (ACAS, n.d)
4.1 . Identify the major statutory rights workers have in the fields of pay, leave and working time.
The major statutory rights employees possess in regards to their pay, leave, and working time are covered in employment law covering different aspects such as the legal working hours, payments, leave days, rest periods, night shifts, workweeks, and the right to receive payment. The main working time regulations in the UK are found in the following laws: The Working Time Regulations 1998 (SI 1998/1833) (WTR), and The Working Time (Amendment) Regulations 2007 (SI 2007/1079). They cover various issues including work hours and holidays (CIPD. 2020).
The Working Time Regulations 1998 (SI 1998/1833) (WTR), allows employees and employers to have the freedom to establish and also agree on the number of working hours that suits both parties. The agreed working hours are however restricted to the maximum working hours that have been set out in WTR 1988). This law also places limits on the average working week, night-time working hours, hours that young workers can work, and right to statutory leave entitlement.
The Working Time (Amendment) Regulations 2007 increased the annual leave entitlement. meaning workers are entitled to 4.8 weeks holiday (24 days for workers working a 5-day week), with a further 0.8 weeks increase. It also allows for a maximum statutory entitlement of up to 28 days of paid holiday annually
Major statutory rights regarding pay are found in the Working Time Regulations 1998. Under this law, the payment employers provide to their employees has to be fair. Employers are not allowed to pay workers below the national minimum wage. For a person to qualify to get the National Minimum Wage, they must have attained a minimum required age of 23 years. Contrary to this, contracts that are issued to individuals who fall below the minimum wage cannot be legally binding.
Laws concerning employee leave days are covered in the Working Time Regulations 1998. In regards to leaving and leave days, workers are granted the right to a paid holiday totaling 5.6 weeks of paid annual leave. For individuals working for 5 days a week, they are granted 28days. Under the law, workers continue to accrue holiday entitlement even when they are on sick leave, parental leave, adoption leave, maternity leave, or any other type of statutory leave (CIPD. 2020).
The Working Time Regulations 1998 (WTR), offers the following rights & protections to all employees:
- Work for 48 hours for a week, as long as the calculated average for 17 weeks amounts to less than 48 hours per week
- An average working time limit that amounts to 8 hours of work time in 24 hours
- 11 hours per day.
- Weekly day off
- The right to rest in the workplace. Individuals whose working days are longer than 6 hours. They are guaranteed at least 20 minutes of personal uninterrupted break.
4.2 . Explain the major requirements of equal pay law.
The major requirements about equal pay require that both genders are eligible to receive equal pay for doing equal work. This means no one should get paid less than another individual of the opposite sex when both do equal work or carrying out the same duties for the same employer. It is important to note that equal pay strictly employs to payment terms and working conditions. It also covers the basic salary, pension, working hours, wages, yearly leave allowance, overtime pay, redundancy pay, and performance-related pay, etc. The Equal pay law is found in the Equality Act 2010 and applies to all employees, workers, agency workers, apprentices as well as full-time, part-time, or temporary contracts. It also applies to self-employed individuals who have been personally hired to carry out some duties. Under the law, equal work is considered as either: like work; work rated as equivalent or work of equal value (ACAS, 2020).
Under the Equality Act 2010, it is a requirement for all employers to report any variations in pay between the genders. The gender pay gap figures that an employer presents must account for different aspects such as ordinary pay, as well as extras such as bonuses. In addition, employers are required by law to report any existing differences in mean and median bonus pay between male and female workers. Gender pay reporting requires employers to include sick pay, or payment towards other courses such as maternity, paternity, adoption, or parental leave. Any employer who fails to report or disclose misleading data, on time, risks violating the Equality and Human Rights Commission (EHRC) legislation. The consequence of such actions includes facing disciplinary actions that may lead to court orders and payment of legal fines (ACAS, 2021).
4.3 Explain major maternity, paternity and other family-friendly employment rights.
Some of the relevant pieces of legislation addressing maternity, paternity, and other family-friendly employment rights include; The Flexible Working Regulations 2002, Families Act 2006, Children and Families Act 2014, and Employment Rights Act 1996, and Employment Act 2002. Employees are entitled the statutory rights pertaining to different aspects covered in this law including maternity leave, paternity leave, shared parental leave, adoption, as well as all other family-friendly employment rights for instance, taking unpaid parental leave, taking time off, attending to emergencies, and requesting for flexible working hours (CIPD, 2021).
In the UK, several descriptions are used for maternity leave. These key terms are: compulsory leave, statutory maternity leave, and shared parental leave. Under the compulsory leave, a mother is allowed to take up to two weeks off as soon as they give birth. At this moment, a woman is not allowed to work. In a factory setting, this time is extended to four weeks. Under statutory maternity leave, it is plausible to take up a 52-week leave. The statutory maternity leave does not possess a qualifying period. However, it generally contains what is termed to as a qualifying period that is directly related to the terms of statutory maternity pay. Under the shared parental leave, there is provision for the shared leave to be extended to either one or both parents (CIPD, 2021).
Women are also entitled to go back to their previous jobs and enjoy the same benefits, terms of employment, and working conditions if they had exercised their rights to take maternity leave for 26 weeks or less. They can also request time off if they feel they have to undertake a risk assessment procedure during pregnancy. Women also possess the right to request to be provided with alternative work or working conditions in cases where they feel there is any type of risk either to themselves or the baby’s health (CIPD, 2021).
Various eligibility factors need to be fulfilled before applying for paternity leave in the UK. For instance, the worker has to have worked continuously for 26 weeks ending with the 15th week before the baby is due. The worker also has to be the biological father or a legally recognized partner that is directly connected to the mother. Workers also has to have the duty of care for the baby’s upkeep or expect to take up responsibilities needed to take care of the baby as well as its upkeep. The basic statutory leave is accords two weeks as the maximum amount of time. Paternity leave is only applicable between the baby’s birth date or any day of the week after the birth of the baby. However this provision only extends to within 56 days of the baby’s birth date (CIPD, 2021).
Family-friendly Employment Rights
Some of the family-friendly Employment Rights that workers can enjoy include the shared parental leave which allows parents who are both employees to enjoy statutory leave and receive pay either after the birth or adoption of a child. This right is available to either the birth parents, parents adopting, and parents in a surrogacy arrangement (CIPD, 2021).
5.1 Identify the major requirements of health and safety law.
The Health and Safety at Work Act 1974 (HASAWA) provides a different set of rules or guidelines that employers need to follow if they are to guarantee their worker’s health and safety in the workplace. Under HASAWA 1974, employers are needed to provide a safe work environment, provide adequate tools and equipment, install safety systems, and make sure that people assigned with different duties in the workplace are qualified for their posts and are familiar with their duties and responsibilities.
HASAWA 1974 addresses the mental health and wellbeing of all workers. It protects workers from harmful conditions and provides a legal framework that workers can pursue if they feel they are working in an unsafe work environment. It also sets out rules that require employers to set a high standard of health and safety in the workplace while at the same time encouraging employers to provide mental health training and mental health support to their workers. HASAWA also addresses work-related stress and motivates employers to take a more proactive approach to combat work-related stress. Under HASAWA employers are required to provide a safe, healthy, and fair work environment. Employers should also take an active role to prevent harassment or bullying in the workplace. Employers will be held liable for any case of harassment or bullying that any worker experiences at work (CIPD. 2020).
5.2 Explain the significance of implied duties as regards the management of employees at work.
Implied duties are one of the most crucial and widely quoted terms when it comes to maintaining mutual trust and confidence in the workplace. Mutual trust and confidence are vital since they create an environment where both employers and employees can perform their duties stress-free. This is highly significant since the environment creates a conducive work environment that boosts productivity while at the same time taking care of both the employer and employees’ work-life balance. Such an environment significantly reduces workplace protests or any action that requires the management to take a break from the daily routine.
The concept behind the duty of trust and confidence, cooperation, fidelity, respect, fair treatment, have revealed their importance over time and play a huge role in employment contracts where it is viewed as an implied term. As a result, both parties are required to not act in a demeanour that will probably result in the breach of their mutual trust or confidence. Thus, in the case of a breach, there are repudiatory consequences. This includes termination of contracts or legal repercussions.
Both organizations and employees can both avoid or resolve issues that may amount to a breach of this term by taking active steps like taking part in constructive communications that engage employees. Additionally, there is also the need to address any workplace accusations as soon as they happen. Organisations can also take an active role and come up with policies that allow workers to collaborate. They can also create platforms where workers can raise issues, follow grievance procedures, and get verdicts that are considered to be equal and fair.
The concept of constructive dismissal takes effect when a worker can make a constructive dismissal claim immediately after they resign since they perceive that their employer or organization has seriously breached the terms of their employment contract.
5.3 Explain the principles of the law on freedom of association.
The law on freedom of association extends the right to assemble to all workers. The law of freedom of association also allows workers to join trade unions and, in the process, do not face any kind of discrimination based on whether they decide to be a member of a trade union or not. The Principle of the law on freedom of association extends to three key areas: it recognises the existence of trade unions, management of industrial conflict, and disclosure of information. When a particular trade union gains legal status, they can start having negotiations with employers. These negotiations revolve around very important subjects related to workers’ rights including terms of payment, redundancy, collective bargain, and compensation (GOV.UK. 2021).
The freedom of assembly and association mandates that all workers should be given the right and freedom to associate and assemble peacefully. Under the law on freedom of association, workers can choose whether or not to join trade unions. Additionally, they also have the choice to choose which trade unions to join based on what benefits they offer their members. The principles of the law on freedom of association is pertinent to employment since this law contains different tenets that provide workers with certain rights including the right to hold protests, the right to hold meetings, the right to hold demonstrations whenever they feel their grievances are not being addressed or whenever they feel they are being treated unfairly at work. This law also confers workers with the right to join or align themselves to any political group, voluntary group, or association (GOV.UK. 2021).
6.1 Explain the main requirements of unfair dismissal law in respect of capability and misconduct issues.
ACAS 2021 describes capability as a worker’s ability, skillset, knowledge, or aptitude in reference to the tasks assigned or position they occupy in the organization. Misconduct refers to any behaviour that is perceived to be below the standard that all employees are mandated to follow. In most instances, it is a term that is used to describe a breach of contract (ACAS 2021).
Unfair dismissal law contains several requirements that need to be adhered to when dealing with capability or misconduct issues. For instance, there is a need to get clarification and initial understanding from all the affected parties. In addition to this, a comprehensive investigation needs to be carried out. This is important to establish the root cause of all the grievances or accusations levelled against an individual or group. Disciplinary hearings also need to be held with all the affected parties present. At the end of the hearing, there should be a verdict indicating the next course of action. The verdict or outcome of the meeting also needs to be documented. The affected parties have the right to appeal (ACAS 2021).
Certain processes need to be followed when addressing capability. They include creating improvement notes that outline some of the key areas of improvement that an employee needs to work on. It may also entail enrolling an employee in a training program or assigning them a coach or mentor who will guide them through various tasks or procedures. Setting up performance appraisals or using key performance indicators can also be a great way of addressing capability (ACAS 2021).
The 5 fair reasons for dismissal are redundancy, employee misconduct, poor performance, breach of an employment contract, or any other substantial reasons such as a client’s refusal to work with a certain employee or the expiry of fixed-term contracts (ACAS 2021).
6.2 Explain the scope of the right for employees to be accompanied at serious discipline and grievance hearings.
Different legislations contained in the UK law confers an employee the right to be accompanied to a hearing, especially hearings that involve serious work grievances, accusations, or disciplinary issues. During this period, an employee is also extended the right to make a decision concerning who they would like to accompany as witnesses to such hearings. Under the ACAS’ Code on Disciplinary Practice and Procedure, an employer is required to let the affected party choose a witness who will accompany them to the hearing and also be present throughout the hearing process (ACAS, 2021). The primary objective behind this decision is to ensure that the affected individual receives a fair hearing and that any verdict reached at the end of the hearing is fair. The work of the witness is to make sure that the process and the final verdict were meted out in a just manner. Using a witness is also another way of making the hearing process seem procedurally fair (ACAS, 2021).
The ACAS Code on Disciplinary Practice and Procedure also sets out guidelines on who qualifies as a witness, they include colleagues, representatives from the trade union, or an employed official working for a trade union (ACAS, 2021). Employers are discouraged from denying employees exercising this right. Any violations put the organization at huge risks. The employer risks being accused of carrying out an unjust hearing. In the case where such a violation takes place and the hearing comes up with a verdict that recommends the affected party to be dismissed, the organization risks facing legal repercussions. The summoning letter should also be served in ample time, preferably 72 hours before the hearing. This gives the employee ample time to look for a witness. It is important to also note that the witness’ level of participation in the hearing is curtailed. A witness is allowed to ask questions or seek clarification sparingly. The only exception is when there is an urgent need for them to be actively involved in the hearing such as in the case of a language barrier or when representing an individual with any form of disability (ACAS, 2021).
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5CHR Assignment Example
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5OS01 Specialist Employment Law
- October 14, 2022
- Posted by: Admin
- Category: CIPD Level 5
Introduction to 5OS01 Specialist Employment Law
5OS01 is a specialized unit that examines employment legislation and the roles of people professionals in considering legal requirements while performing various people practice roles and responsibilities.
Students of CIPD should understand:
- The goal and enforcement of labor regulations
- Tribunal courts’ roles in employment law
- Case resolution both before and after legal proceedings
- Discrimination legislation
- Law on Redundancy
- Contract modifications
- Managing pay and working hours legally
- Workplace regulations that are adaptable.
AC 1.1 Aims and objectives of employment regulation
Students explain employment roles in:
- Achieving Social Justice at Work
- Providing workplace fairness and inclusion
Students also explain the economic arguments for-
- Protecting employees from slavery, discrimination, and unjust and negligent behavior
Students go on to explain why professionals need to understand negative employment regulations arguments such as legislative complexity, poor regulation drafting, and the groups that oppose workplace regulations.
AC 1.2 Role of tribunal and court systems in enforcing employment law
Students explain the court’s roles in hearing employment-related cases. Students go on to explain how the law is enforced at work.
Students explain the court hierarchy further as follows:
- Court of Appeal Employment
- Tribunal Employment
- Appeal Tribunal
- The Supreme Court
- The European Union’s Court of Justice
- County Court Superior Court
1.3 How cases are settled before and during formal legal procedures
Students describe the roles of ACAS and COT3, as well as the Labour Relations Agency and the Workplace Relations Commission (ROI), in early conciliation.
Students describe the process of discussion and negotiation during legal procedures, as well as the settlement agreements reached between disputing parties.
Professionals should consider the following when reaching agreements:
- monetary settlement
- Making a settlement agreement
- Making certain that the agreement is “without prejudice”
- Participation in the agreement-making process on one’s own initiative
Students elaborate on the significance of legal counsel when reaching agreements.
AC 2.1 Principles of discrimination law in recruitment, selection and employment
Students must understand the protected characteristics of employees under the Equality Act of 2010. During recruitment, selection, and employment, employees are protected from discrimination based on gender, age, religion, ethnicity, sexual orientation, disability, and pregnancy.
Students define direct and indirect discrimination, as well as the nature of workplace harassment based on protected characteristics. Students go over the meaning of the phrase “purpose or effect” in discrimination law, as well as the concepts of victimization, discrimination by perception, and discrimination by association.
Students explain the reasonable adjustments that people professionals and organizations must focus on when implementing discrimination law, consider remedies for managing discrimination, and evaluate relevant discrimination law cases in recruitment and selection.
AC 2.2 Legal requirements of equal pay
Students explain the principles of equal pay, the importance of defending equal pay claims, considerations of relevant equal pay cases, and the conduct of reviews for organizational compliance with equal pay laws and regulations.
AC 3.1 Legal implications of managing change
Students describe the legal processes involved in consultation, reaching an agreement, and dismissing or re-engaging during the change process.
Students describe the legal requirements for changing employment contracts. They discuss the risks of contract breach,’stand and sue,’ the risks of employee discrimination during change, and the legal requirements for constructive dismissal.
Finally, students explain legal principles in organizational redundancy, redundancy pay, and consultations during the redundancy process.
AC 3.2 Legal requirements relating to transfers of undertakings
Relevant legislation includes the Transfer of Undertakings Act and the Employment Protection Act (TUPE) Regulations
- Employee liability information is required by law.
- Students describe the rights of affected employees as a result of information and consultation.
- Legal requirements and the consequences of breaking the law
AC 4.1 Statutory workers’ rights in relation to pay
- Wage and salary legislation
- Pay rates mandated by law
- Pay stubs with itemized deductions
- Linking statutory pay to working hours and sick leave
AC 4.2 Statutory rights in leave and working time
- Workplace regulations
- Employees are entitled to annual leave.
- Provisions for maximum working hours
- Rest breaks at work
- Annual leave pay
- Provisions for night workers
AC 4.3 Principles of maternity, paternity and adoption rights in context of employment rights
Students explain employees’ maternity rights and statutory regulations, such as pay during maternity leave and time off to attend antenatal care. Students also explain the pay and number of leave days available to employees who take paternity or adoption leave. Students also explain the employees’ qualifying periods of service.
AC 4.4 Employment rights relating to flexible working
Students explain employees’ rights under various work arrangements, such as-
- Paid and unpaid leave during working hours
- Working over the weekend and on holidays
- Employees’ right to request flexible working hours (on basis of care responsibilities and on religious grounds)
- Employers may refuse to grant requests based on the following criteria.
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5OS01 SPECIALIST EMPLOYMENT LAW
- April 25, 2022
- Posted by: admin
- Category: CIPD Level 5
This component of the level 5 course covers the most important aspects of employment law and the legal models that govern them. The unit emphasizes the differences in legal obligations for professionals in different locations and how they affect their work duties. This section essentially provides learners with a legal viewpoint on people management in the workplace, ensuring compliance.
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What you will Learn
Within the subject, students will study the importance and duties of employment regulations and how they are applied in professional practice. The section evaluates the legislation’s purpose and purposes and how the judiciary executes the laws through tribunals and courts. How employment-related cases are addressed before and after legal processes, in particular. Learners will be able to clearly articulate the basic concepts and principles of legally managed recruiting and selection, discrimination and redundancy regulations, and contract modification in this section. Students will also look at dealing with concerns such as payment, employee rights, and working hours.
This unit is suitable for persons 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.
1st learning goal.
Students must show that they understand the importance of labour rules and regulations and how to implement them in the workplace. The following methods are used to attain this learning outcome:
A student must be able to analyze the purposes and objectives of labour laws. For example, students who address their roles in campaigning for inclusiveness, social justice, and equity in professional practice will have met the criteria.
- Students must evaluate the function of judicial institutions in implementing employment standards during courses and assignments. For example, various institutions have distinct jurisdictions regarding employment regulations; thus, students must understand the hierarchical nature of courts and the enforcement levels at each rank.
- All entries must clarify how cases are resolved both within and outside of the legal framework and legal process, according to the CIPD. These include descriptions of the tribunal system, various organizations’ functions, the components and essential words associated with settlement agreements, and the value of independent legal advice.
2nd Learning Outcome
The second need is the legal application of employment standards in managing recruiting and selection within organizations. Finally, students must be able to do the following tasks:
- Examining components of the anti-discrimination statute and their implications for employment, selection, and recruitment. In addition, course participants must discuss various forms of discrimination, harassment, and other forms of workplace maltreatment and the appropriate countermeasures.
- Dealing with the legal foundations of equal pay. Students can learn about significant allegations, countermeasures to rebut equal pay claims, tactics for minimizing equal pay concerns, and internal assessments to prevent future claims.
3rd Learning Objective
The ability to legally manage change and shifting structures is the third prerequisite. This result can only be achieved if a student:
- Discusses legal change procedures, such as consulting stakeholders, requesting consent, enacting change across the board, discarding required adjustments, and beginning the consultation process. In addition, contract breaches and redundancy are part of the changes. As a result, students must consider all legal ramifications.
- Provides detailed discussions of the legal ramifications of transferring commitments and agreements to different parties. Compliance with employment legislation, the collective rights of concerned parties to consultation and information, and the measures taken when a significant breach are all legal responsibilities.
4th Learning Objective
Students must demonstrate sufficient knowledge by the conclusion of the course to demonstrate their comprehension of the management of working hours and salaries. Evidence of their knowledge must be presented in the following ways :
- Clear explanations of workers’ rights in terms of pay and working hours and wage regulations that link pay to hours worked. In addition, learners must identify the link between pay suggestions and employee feedback to support proper management and HR activities.
- Legislative explanations affect wage rates even during holidays. Therefore, learners must connect legal frameworks, wage rate calculations with leave rights, normal and sick leave payment standards, maximum daily work hours, and minimum rest time.
- Examining the fundamentals of job rights such as paternity and maternity leave. Students must explain their pay entitlement and the requirements determining qualifications during such work leave.
- Explanations of employees’ rights in terms of workplace flexibility. Workers may seek time off during official and religious holidays, for example, when they must deal with their responsibilities. As a result, students must also clarify their payment rights during these times.
What are the entry requirements?
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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Task 1: find out what employment regulation is for and how it is implemented in practice..
Employees are protected against unfair or discriminatory treatment by employment regulations. It also attempts to provide a safe and healthy working environment for employees. In practice, government authorities such as the Department of Labor investigate violations of employment regulations. Employees can also submit a complaint with these agencies if they believe they have been treated unfairly.
The majority of employment regulations are enforced in practice through the threat of legal action.
To protect their employees, employers must adhere to several employment standards. The minimum wage, overtime pay, and safety standards are part of these rules. On the other hand, enforcing these restrictions can be challenging since companies may be hesitant to change their procedures or even ignore the law entirely.
The prospect of legal action is one way that employment regulations are enforced. For example, employees who do not receive minimum wage or sufficient overtime pay might bring a lawsuit against their employer. If employees believe their company is breaking health and safety standards, they can submit a complaint to the authorities. If an employer is found to breach employment laws, the government may sue them and punish them.
Task 2: Analyze the aims and objectives of employment law, the role of courts and tribunals in enforcing it, and how cases are resolved before and after legal proceedings.
According to the Tribunal and the courts, employees should be protected from unfair or discriminatory treatment at work.
One of the Tribunal’s key goals is to make sure that employers are following their legal commitments to their employees. As a result, an employee’s claim against an employer may be investigated by the Tribunal, or the Tribunal may decide an employer’s claim against an employee.
The Tribunal’s goal is to balance employers’ and employees’ rights and obligations while also protecting employees from unfair or discriminatory treatment in the workplace. Tribunals have the power to force employers to compensate employees who have been discriminated against at work. However, this is frequently a better option than filing an unjust dismissal claim, which could result in monetary damages.
In many circumstances, an employment disagreement is first brought to the attention of the Tribunal before either party files a lawsuit in court. This allows both parties to achieve an agreement without going to court and spending extra expenditures. If a settlement cannot be reached, either side can take the dispute to court. In most situations, the party found to violate an employment regulation will be obliged to pay the opposing party’s legal fees.
On the other hand, employers have a distinct edge when it comes to enforcing employment regulations because they have more resources and experience at their disposal. Employers can frequently afford better legal representation and access more data that can be used as proof. On the other hand, employees may lack the experience or resources to understand, let alone enforce, their legal rights.
Another problem with enforcing employment restrictions is that employers breaking the rules frequently use delaying tactics. An employer, for example, may claim that they lack the financial resources to pay their employees what they are entitled to. This may prevent an employee from pursuing legal action against them for some time, during which the employer continues to look for employment law loopholes.
Employers frequently seek employment law counsel before hiring new employees to avoid issues. Employees who have recently started working for an employer make the majority of allegations of unfair dismissal or discrimination.
Task 3: Explain the main principles of discrimination law, how to manage recruitment and selection activities legally, and redundancy laws and contract changes.
- Discrimination law is a set of rules and regulations to prevent discrimination against employees based on specific personal qualities. The following are the main principles of discrimination law:
- No Discrimination – Employers cannot refuse to hire someone because of their gender, age, religion, or other protected traits under discrimination law.
- No Victimization – Companies are prohibited from retaliating against employees who have filed a discrimination claim or are suspected of doing so.
- Genuine Occupational Requirements (GOR) – In some cases, an employer may operate under genuine occupational requirements (GOR), which indicates that only employees who possess a specific trait would be able to perform the tasks of that function. Employers must demonstrate that the GOR is real and not discriminatory in these situations.
- Justification – If an employer has broken the law by failing to meet a GOR, they may be able to justify their conduct by demonstrating how they would have met the job requirements if they hadn’t taken gender into account.
Employers who are found to have broken the law against discrimination may face significant fines and other consequences. They may also be compelled to pay the employee remuneration. On the other hand, employers are more likely to resolve conflicts with employees before they reach a tribunal.
According to redundancy law, employers must follow certain procedures when making employees redundant. Any company with more than 20 employees is obligated by law to perform a redundancy consultation process, including arranging individual consultation meetings with each employee laid off. If the company has fewer than 40 employees, the employer is not compelled by law to attend individual meetings with each laid-off person.
Employers may opt-out of collective consultation even if they have more than 20 employees to demonstrate that they have already held a collective meeting with the workforce in the same calendar year. If an employer does not want to conduct individual consultations, they must give written notice to their employees at least 30 days before the meeting. This will give employees time to determine whether or not they want to appeal their dismissal.
Employees who do not receive notification of a collective consultation meeting might sue their employer for unjust dismissal. Employees laid off may be eligible for redundancy pay or unjust dismissal compensation.
Contracts are legally binding agreements between an employer and an employee that detail the terms and conditions of employment. If it is important to continue good business operations, employers may elect to modify contracts with existing personnel. For example, introducing new company policies, changing working hours, or using new equipment as examples of changes. On the other hand, employers should be wary of changing the conditions of an employee’s contract without their permission.
The following are the primary types of adjustments that employers are allowed to make:
- Minor Adjustments – If essential for business operations, employers may need to make minor changes to an employee’s contract. For example, these could involve implementing a new company policy or adjusting working hours. Employees’ contracts will continue as before if employers make these modifications, and they will not be needed to give their consent.
- Significant Changes – If essential for business operations, employers may need to change an employee’s contract. Introducing new equipment, changing working hours, or changing employee job tasks or responsibilities are just a few examples. Employers should give their employees a letter describing the reasons for the change and an explanation of any additional terms that will be included in the employee’s contract in these situations. Employers must also provide adequate notice to employees before they are required to sign the new contract.
Employers should be aware that if they amend a contract without the employee’s permission, an employment tribunal may determine that the employer did not treat the employee fairly and respectfully. This could indicate that companies have failed to meet their legal obligations under the Employment Rights Act of 1996.
Task 4: Understand how to manage issues related to pay and working time in a legal manner and employment rights for flexible working.
Employers are required to compensate their employees for every work they have accomplished. If employers fail to do so, an employment tribunal may decide that employees should be reimbursed if they have incurred a financial loss due to their employer’s failure to pay them correctly. There are additional restrictions governing the amount of pay that employees must get. The minimum wage is a weekly sum that employers must pay their employees for all hours worked.
Employers have the right to require employees to work several jobs as long as this does not result in more than 48 hours per week on average. If employers ask their employees to do so, they must give written notice, and the number of hours worked by each employee must remain constant for at least four weeks.
If they have been contracted to perform more than 48 hours a week, employees are entitled to overtime pay. Overtime pay is normally paid at 1.5 times or double the regular hourly rate, as specified in the employee’s employment contract.
Employees who have worked for an employer for more than a month and a half shall obtain a statement of particulars outlining their employment rights, including compensation and working hours. This is in contrast to employees hired for less than four weeks, who typically orally handed their terms and conditions.
Employers should also be aware that they cannot adjust employees’ working hours or pay conditions without their approval if they are doing it to avoid their employer’s obligations under employment rights legislation.
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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.
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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.
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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.
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