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)

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