CIPD Level 5OS01 Specialist Employment Law Assignment Example

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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Assignment Task 1: Learn About The Purpose Of Employment Regulation And The Way That It Is Enforced In Practice.

Employment regulation is put in place to protect employees from unfair or discriminatory treatment in the workplace. It also aims to ensure that employees are given a safe and healthy working environment. In practice, employment regulation is usually enforced through investigations by government agencies such as the Department of Labor. Employees who feel they have been treated unfairly can also file a complaint with these agencies.

In practice, most employment regulation is enforced through the threat of legal action.

Employers are required to follow a number of employment regulations in order to protect their employees. These regulations include the minimum wage, overtime pay, and safety standards. However, enforcing these regulations can be difficult, as employers may be reluctant to change their practices or may even ignore the law altogether.

One way that employment regulation is enforced is through the threat of legal action. Employees who are not being paid minimum wage or who are not being given proper overtime pay can file a lawsuit against their employer. Employees can also file a complaint with the government if they believe that their employer is violating health and safety regulations. If an employer is found to be in violation of employment regulations, they may be sued by the government and/or be fined.

The Tribunal and courts aim to enforce employment regulation by protecting employees from unfair or discriminatory treatment at work.

One of the main objectives of the tribunal is to ensure that employers are complying with their legal obligations towards their employees. The tribunal may be called upon to investigate a claim made by an employee against an employer, or it may be asked to rule on an employer’s claim against an employee.

The tribunal aims to create a balance between the rights and obligations of both employers and employees, while also protecting individuals from any unfair or discriminatory treatment in the workplace. Tribunals may order employers to pay compensation to employees who have been subject to discrimination at work. However, this is usually an alternative solution to making a claim for unfair dismissal, which would result in financial damages.

In many cases, an employment dispute is submitted to the tribunal before either party files a lawsuit with the courts. This enables both parties to reach a settlement without going to court and incurring additional costs. However, if a settlement cannot be reached, either party may request that the case be taken to court. In most cases, the party who has been found in breach of employment regulation will be required to cover the legal costs of the other party.

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In practice, employers are generally at a greater advantage when it comes to enforcing employment regulation because they have more resources and expertise available to them. Often, employers can afford superior legal representation and have access to more information, which can be used as evidence. In contrast, employees may not have the experience or resources to understand their legal position, let alone enforce it.

Another common issue with enforcing employment regulation is that employers who are in violation of regulations often employ delaying tactics. For example, an employer may claim that they do not have the funds to pay their employees what they are owed. This may prevent an employee from taking legal action against them for some time, during which the employer persistently tries to find loopholes in employment law.

To avoid any complications, employers often seek advice on employment regulation before hiring new staff members. However, most claims of unfair dismissal or discrimination are made by employees who have only recently started working for an employer.

Assignment Task 3: Explain The Main Principles Of Discrimination Law, How To Manage Recruitment And Selection Activities Lawfully As Well As Learning About Redundancy Law And Changes In Contracts.

Discrimination law is a set of rules and regulations which aim to protect employees from being discriminated against on the basis of certain personal characteristics. The main principles of discrimination law include:

  1. No Discrimination – This means that employers cannot choose not to hire someone based on their sex, age, religion or any other characteristic protected by discrimination law.
  2. No Victimisation – This means that employers cannot attempt to penalize employees who have made a claim of discrimination, or who are believed to be considering doing so.
  3. Genuine Occupational Requirements – There may be situations where an employer will operate under genuine occupational requirements (GOR), which means that only employees with a specific characteristic will be able to carry out the duties of that role. In these cases, employers must be able to prove that the GOR is genuine and not discriminatory.
  4. Justification – If an employer has been found to have breached discrimination law by not meeting a GOR, they may be able to justify their actions by showing how they would have fulfilled the job requirements if they had not considered gender.

Employers who are found to be in breach of discrimination law may face heavy fines and other penalties. They may also be required to pay compensation to the employee. However, it is more common for employers to settle disputes with employees before they reach the tribunal.

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Redundancy law provides procedures that employers must follow when making employees redundant. Any company with over 20 staff members is legally required to conduct a collective consultation process on redundancies, which may involve holding an individual consultation meeting with each member of staff who has been made redundant. If there are fewer than 40 employees at the business, then the employer is not legally required to hold individual meetings for each member of staff made redundant.

However, even if there are more than 20 employees, employers may decide to opt-out of collective consultation if they can show that they have already carried out a collective meeting with the workforce previously in the same calendar year. If an employer does not wish to carry out individual consultations, they must provide their employees with written notice at least 30 days before the meeting takes place. This will allow the employees to consider whether they intend to contest their dismissal or not.

Employees who do not receive notice of a collective consultation meeting are entitled to claim unfair dismissal against the employer. Employees who are redundant may be entitled to receive redundancy pay or compensation for unfair dismissal.

Contracts are legally binding documents that specify the terms and conditions of employment between an employer and an employee. Employers may decide to change contracts with existing employees if it is necessary to maintain effective business operations. Changes may include introducing new company policies, changing working hours, or using new equipment. However, employers should be careful not to change terms in an employee’s contract without their consent.

The main types of changes employers are entitled to make are:

  • Minor Changes – Employers may sometimes need to make minor changes to an employee’s contract if it is necessary for business operations. These might include adding a new company policy or changing working hours. If employers make these changes, employees’ contracts will simply continue as before, and they are not required to give their consent.
  • Major Changes – Employers may also need to make major changes to an employee’s contract if it is necessary for business operations. These might include introducing new equipment, changing working hours, or altering employees’ job roles or responsibilities. In these cases, employers should provide their workers with a letter explaining the reasons for making the change as well as a description of any new terms that will form part of an employee’s contract. Employers must also give employees sufficient notice before they are expected to sign the revised contract.

Employers should be aware that if they make changes to a contract without the employee’s consent, then an employment tribunal may rule that the employer has not treated employees with fairness and respect. This could mean employers would have breached their statutory obligation under the Employment Rights Act 1996.

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Assignment Task 4: Learn About Managing Issues Relating To Pay And Working Time In A Lawful Way And Employment Rights For Flexible Working.

Employers have a statutory obligation to pay their employees for all the work they have completed. If employers fail to do this, then an employment tribunal may rule that employees should be compensated if a financial loss has been suffered as a result of their employer’s failure to pay them properly. There are also rules on how much employees must be paid. The minimum wage is a weekly amount that employers should pay their workers for all the hours they have worked.

Employers are entitled to ask employees to work more than one job as long as doing so does not mean that they will be working for more than an average of 48 hours each week. If employers require their employees to do this, then they must provide written notice, and the number of hours an employee works must remain the same for a period of at least 4 weeks.

Employees who work more than 48 hours a week are entitled to receive overtime pay if they have been contracted to do so. Overtime pay is usually paid at 1.5 times or double the normal hourly rate which should be set out in the employee’s contract of employment.

Employees who work for an employer for more than a month and a half should receive their employment rights regarding pay and working hours through a statement of particulars. This is different from employees employed for less than 4 weeks, who would usually be given their terms and conditions orally.

Employers should also be aware that they can’t change working hours or pay conditions without employees’ consent if it is done with the purpose of avoiding their employer’s responsibilities under employment rights legislation.

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