Duty of trust and confidence cipd

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)

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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“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

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Q & A?

Thank you