Cipd level 5 employment law assignment

Tutor Support session

Vanesa Serafini

5EML

Employment Law

Agenda

Overview of unit

Activities & Criteria explained

Format & Submission

Questions

Explain 3 objectives of Employment Law

Social justice, employee protection, fairness, justice, implementation of government policy and / or commitment with international legal obligations (think EU), etc

Activity 1

1.1 Explain the aims and objectives of employment regulation

It is advisable that you:

Use three separate headings and paragraphs.

Select three from the list above

3

Explain how employment law is enforced by the courts

from the tribunal claim all the way through the courts up to the highest court (ECJ)

You could use a flowchart to illustrate the journey of an employment tribunal claim through the courts, with a narrative to explain what happens at each stage

Activity 2

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

Make sure you explain the stages in your own words and do not leave a flow-chart or a graphic that you have found to answer the criterion point.

4

Identify and explain 2 recognised alternative ways of resolving disputes outside the courts (see below table)

Explain their purpose, 2 advantages and 2 disadvantages

You could Explain the role of ACAS

Activity 3

1.3 Explain how cases are settled before and during formal legal proceedings

Dispute resolution method Purpose Advantage Disadvantages

Mediation

Conciliation

5

Explain the legal principles of the Equality Act in relation to recruitment, selection and employment (three separate paragraphs is recommended)

Explain 2 types of discrimination direct, indirect, by association, etc

You must Refer to the Equality Act 2010 throughout

You could discuss examples of consequences of non-compliance

tribunal, hinder organisation’s reputation, impact on employer of choice

Activity 4

2.1 Identify the main principles of discrimination law in recruitment and selection and in employment (all 3)

6

Explain (not just list) all 4 elements of a valid contract

offer, acceptance, consideration, intention to create legal relations

https://www.wrighthassall.co.uk/knowledge-base/an-enforceable-contract-the-key-elements

Discuss the difference between express and implied terms

Outline 5 of the mandatory express terms a contract must contain

salary, starting date, hours of work, etc

Activity 5

2.2 Explain how contracts of employment are established

7

Begin with a brief explanation of what triggers reorganisation and a need of change of contract (recession, expansion, relocation, merger, etc)

Define flexibility clauses and explain their purpose

Mention that they are a key feature of a lawful contractual change

Discuss two alternative ways an organisation has to change contracts in the absence of flexibility clauses and the steps involved

agreement, dismissal and re-engagement, forcing the change, etc

You could describe their potential consequences for the organisation

potential tribunal claims, disgruntled employees, low morale / productivity, etc

Activity 6

3.1 Describe when and how contracts can be changed lawfully

8

Identify the law relating to redundancy (Employment Rights Act 1996, Trade Union and Labour Relations Consolidation Act 1992)

Briefly explain the above law’s objectives: for example, what rights do they confer on employees? What obligations on employers?

Outline and explain all steps for a lawful redundancy (ACAS)

Briefly discuss the consequences for the organisation of not following these steps tribunal claims, negative impact on morale, staff turnover, etc

You may wish to explore the ACAS website for this section.

Activity 7

3.2 Explain the main requirements of redundancy law

9

Identify what pieces of legislation regulate TUPE

TUPE Act, ERA 1996, TULRCA 1992 etc

Explain the objectives of the legislation in this area i.e protection of the rights of employees

You could include a brief explanation of the situations where TUPE applies i.e. when transferring to a new employer under TUPE

Outline and describe the full process an organisation should follow for a successful TUPE transfer (ACAS)

DO NOT LEAVE A REFERENCED FLOWCHART TO ANSWER THE QUESTION

Activity 8

3.3 Explain the main requirements of the law on business transfers

10

Identify and explain these 3 categories of rights with one example of each, illustrate with statute or case law

Category Example + Relevant statute / case law

Pay Equal pay (Equality Act 2010) National Minimum Wage (National Minimum Wage Act 1998)

Leave Annual leave(Working time regulations 1998)

Working time Rest periods (Health and Safety Act 1972)

4.1 Identify the major statutory rights employees have regarding of pay, leave and working time (all 3)

Activity 9

11

You must refer to the Equality Act 2010

Identify and explain the law relevant to equal pay AND gender pay reporting

4.2 Explain the major requirements of equal pay law

Activity 10

12

Identify and explain relevant pieces of legislation (minimum of 2 OVERALL) relating to all 3 rights:

Maternity

Paternity and

Family friendly rights

You could include: What is the objective of the legislation? What does it cover / protect?

4.3 Explain major maternity, paternity and other family-friendly employment rights (all 3)

Activity 11