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Cipd level 7 employment law assignment examples

09/01/2021 Client: saad24vbs Deadline: 7 Days

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


13


Identify the principles of health and safety law and employee health and well-being;


You must make reference to the HASAWA 1974, and could include:


What are the employers’ duties under the Act?


the relationships between line managers and employees


whether employees are involved in organisational issues and decisions


job design


availability and acceptability of flexible working


awareness of occupational health issues.


5.1 Identify the major requirements of health and safety law


Activity 12


14


Explain the concept of the duty of trust and confidence cooperation, fidelity, respect, fair treatment, etc


Identify whether it is an express or implied term of the employment contract


Identify the consequences of breach, for example, the employee may resign and claim constructive dismissal, low morale, legal fees involved, etc


Describe briefly how the organisation AND the individual can resolve issues which may amount to a breach of this term


organisation => promote open communication, address allegations straight away, up to date and fair policies.


employee => follow grievance procedure if an issue arises, cooperate with employer


Explain the concept of constructive dismissal is (ACAS)


5.2 Explain the significance of implied duties regarding the management of employees at work


Activity 13


15


Briefly explain the concept of freedom of association and how it is protected by law


Human Rights Act 1998, article 11


In your own words briefly Summarise article 11 (of the Human Rights Act 1998)


Mention the rights of employees to join, or not join, Trade Unions


What are the employees’ rights, what are the consequences for the organisation if the right is not respected? What can the organisation do?


5.3 Explain the principles of the law on freedom of association


Activity 14


16


Distinguish between capability and misconduct issues (ACAS)


Outline and explain the process to be followed when addressing misconduct


(from suspension all the way through appeals)


Outline and explain the process to be followed when addressing capability (improvement note, coaching and mentoring, training, performance appraisals, action short of dismissal (a last resort))


Outline all 5 fair reasons for dismissal and the relevant legislation ERA 1996


You could refer to the ACAS Code of Practice and provide an explanation of when summary dismissal is and is not lawfyl.


6.1 Explain the main requirements of unfair dismissal law in respect of capability and misconduct issues


Activity 15


17


Explain the importance of the right to be accompanied


Explain who can be a companion


Explain the role of the accompanying person – what are they allowed to do? What can they not do?


6.2 Explain the scope of the right for employees to be accompanied at serious discipline and grievance hearings


Activity 16


18


Do’s and don'ts


All concepts and explanations must be in your own words and referenced if secondary sources were used. Do not use direct quotes.


4500 words +/-10%


Make sure you are thorough


Illustrate with examples of your organisation or one you know well


Reference legislation, write the full name of the act and the year


Don’t leave it until the last minute, it is a long assignment!


Format & Submission


Word document with headings and subheadings of each assessment criterion you are addressing


Arial size 12 preferred. Single line spacing


Keep the number of documents to a minimum


Diagrams and Tables should be numbered e.g.; (fig 1)


Explain Appendices in your narrative


Use Reference guides and tools


A Bibliography is to show your wider reading


20


“I will gather feedback from the forums and the assessment questions, to develop the student led tutor support sessions”


04/08/20 at 1PM and 7PM (UK Local Time) 2nd tutor support session


Cohort Café – date TBC


16/08/20 midnight - 5EML assignment submission deadline


13/09/20 midnight – 5EML assignment Resubmission deadline


21


Q & A?


Thank you

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