| Category | CIPD level 5 Associate Diploma in People Management | Subject | Law |
|---|---|---|---|
| University | The Chartered Institute of Personnel and Development (CIPD) | Module Title | 5OS01 Specialist Employment Law |
5OS01 Specialist employment law which is one of the units of Level 5 is the unit where you will get knowledge regarding areas of the legal framework and employment legislation, here you will focus more on how people professionals have to take care of legal requirements while carrying on with various roles in different jurisdictions.
By the name of the Unit, you may have got an idea that here you will interact more with terms that are related to law in people professional. Here key areas for employment legislation are discussed further in this unit.
In this unit, you have the opportunity to learn the legal requirements and regulations. Here you will also understand how to enforce these legal requirements in your practice. This will help you in evaluating the objective and aim of the role played in the tribunal and the courts.
Here you will learn principles that are used to avoid discrimination, in recruitment and selection activities. Also, you will be provided with knowledge of redundancy law and how to manage any issue that is related to pay, and time of working lawfully.
Below is a 5OS01 assignment example provided to you, so that you can get an idea of what a level 5-unit 5OS01 assignment looks like. You can even take this as a free sample for understanding how we are going to write your assignment. All these questions have to be answered using your knowledge, so do not try to simply copy these answers.
5OS01 Assignment Task 1: Understand the purpose of employment regulation and the way it is enforced in practice
AC 1.1 Evaluate the aims and objectives of employment regulation
AC 1.2 Examine the role played by the Tribunal and court system in enforcing employment law
5OS01 Assignment Task 2: Understand how to manage recruitment and selection activities lawfully
AC 2.1 Explain the main principles of discrimination law in recruitment, selection, and employment
AC 2.2 Discuss the legal requirements of equal pay
5OS01 Assignment Task 3: Understand how to manage change and reorganisation lawfully
AC 3.1 Discuss the legal implications of varying contracts
AC 3.2 Explain the legal requirements relating to redundancy
AC 3.3 Explain the legal requirements relating to transfers of undertakings
5OS01 Assignment Task 4: Understand how to manage issues relating to pay and working time lawfully
AC 4.1 Explain the major statutory rights in leave and working time
AC 4.2 Explain the main principles of maternity, paternity, and adoption rights in the context of employment rights
AC 4.3 Explain employment rights relating to flexible working
Answer:
It is, therefore, important to point out that there are many different purposes of employment regulation.
In general, as mentioned above, the aims and objectives of employment regulation are as follows: They serve to safeguard employees, advance business, and employment opportunities, and guarantee various businesses operate fairly.
Answer:
The employment law is enforced by the tribunal and court system. It is important that any system designed to protect workers requires those who have been unfairly treated to be able to seek justice.
It is worth mentioning that the purpose of the tribunal's work is to provide a swift and effective solution to the problem. It is less expensive and time-consuming than litigation, and it permits
employees to engage in pro se presentations if they so desire. In general, an employee is always dissatisfied with the findings of a tribunal and can therefore appeal to the Employment Appeal Tribunal.
The courtroom is meant to handle further intricate violations of the open-toed law in employment. This comprises cases where an employee has been dismissed for some unlawful reason, or where there has been a violation of contract.
The courts are less informal than the tribunal and it may also take slightly longer to dispose of all issues in a trial. Together, the tribunal and court system continue to greatly contribute to the enforcement of employment laws. This means that any employee who has been unfairly treated can seek a remedy through this system.
Answer:
Number of principles have been made to avoid any kind of discrimination in the process of employment, selection, and recruitment. Some of these principles are mentioned below that are famous and have been in use in every organisation.
- Treating equally: Under this principle all employee must be treated equally and everyone must get equal respect in their working space. No discrimination must be made in the name of their caste, religion, gender, color, or on their background.
- Equal opportunities: Another principle is to provide every employee equal opportunities according to their skills and knowledge. No discrimination or bias must be involved. Every employee must be given equal opportunity for their growth.
- Justification: This principle states that discrimination can be considered lawful only if it is justified. If it is not justified there can be no action taken against the person, to avoid making false acquisition.
These principles help in making sure that employers do not have to face discrimination at any level and in any organisation.
Answer:
Equal Pay Act 1963 is a UK law that shows the importance of equal pay in the organisation. This law makes it legal for employers to provide equal pay to women and men for doing the same work. This act makes sure that irrespective of gender or any other characteristics like disability, race, or any other thing there must be no difference in the pay.
Equal work is defined by the law as:
- Work-life: Employment where skills and duties are comparable or identical.
- Work rated as the equivalent: Work to be considered equivalent, is typically based on a reasonable job evaluation. This is because responsibility, skills, and the efforts required to complete the task are equal.
- Work of equal value: Work that is different but is of the same value. This is because the degree of ability, responsibility, expectation, and experience required for both the jobs are same.
When an employee is claiming equal pay, the employee must be able to prove that their job is of equal value compared to their colleague of the opposite gender but are getting paid less. They have to provide evidence to support their case, for that, they may provide their jobdescription, job adverts, their salary details, and all other relevant information that is asked.
Answer:
There are several legal implications required for the contracting process. The contracting parties must go through these legal implications to make the variations enforceable.
- Mutual assent: For a variation to be considered legal, when all the parties agree are ready to do the contract. Every party in the contract agrees with the conditions without any pressure to avoid disputes and breaches.
- Awareness and Intent: For the modification all the involved parties must be legally bound. All the involved parties must be aware of the changes and the intention behind these changes. The involved parties must go through all the required variations.
- Compliance: Variations must be only complied with after the terms and conditions of the contract are fulfilled. You must make sure that any changes that are added to the contract must reflect the intent of the original contract. It must be valid and should not contradict the previous terms of the contract.
- Considerations: Consideration must be part of the modification, as all involved parties should include extra care and make sure that they provide something valuable in the contract. Consideration can be anything including, promises, property, goods and services.
Answer:
The first element of consideration that employers need to meet when contemplating redundancy is that the employer has been able to show that the post on which that employee was working has been abolished. This means that it doesn’t need the post and it has even deducted the working of the post and doesn’t need anyone to do the job.
However, if one wants to perform redundancy in a perfect way, there are legal requisites necessary for a smooth and unbiased procedure. This dismissal procedure must be followed when the employee is been dismissed.
Answer:
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) regulates the rights of employees at work in situations where their work is transferred from one employer to another.
The protection of employee’s transfer rights under TUPE are as follows There are certain employment conditions that workers are allowed to transfer to a new employer under TUPE. This includes aspects such as wages, working conditions, and holidays. TUPE also provides employment protection in that an employee cannot be dismissed because the contract of work has been transferred to another person.
The law that you should know if you are an employer: If you are an employer, and you intend to transfer any of your business activities to another employer, then you must understand TUPE. You are also required to know about TUPE in the case of assuming a business. If you are an employee, and you believe your working position can be transferred to another employer, you ought to have some knowledge about the TUPE. TUPE is a rather complicated avenue of the law and one should consult an advocate if planning on transferring any business activities or acquiring a business.
Answer:
Inequitable wage payment is a violation of employee rights and every worker in the UK has been granted this, to be paid equally for their job. This will include the right to minimum wages and overtime wages in case they work more than 40 hours in a week. Employees are also afforded the freedom to receive correct and timely paycheck stubs and this is also their freedom to complain on unfair wages.
The Department of Labor is entitled to the enforcement of these rights and any user can complain to the Department of Labor if he/she feels that his/her rights have been infringed. In the case where there will be proven conduct misconduct, the department will look into the complaint and act. In some cases, this may involve requesting the employer to cough up and pay what the legal minimum wage is—back wages in most cases.
Answer:
UK employment law provides some rights to workers who are pregnant or have recently given birth and to workers who have recently adopted a child. These rights are; the right to Maternity leave of up to 52 weeks the right to time off for ante-natal appointments and the right to make a request for time to change the working pattern.
Employers have also to make reasonable accommodations for pregnant employees, this may include well-fitted furniture or more frequent rest periods. Furthermore, new fathers can be away from work for up to two weeks to enjoy paternity leave, and adoptive parents 6 weeks. Each of the rights is designed to provide provisions for the health of the parents as well as the child, allowing the families to be with their newborn child.
Unfortunately, paid vacation is not mandatory for employers which leaves many parents with no other recourse but to resort to unpaid and unpaid leave off. This can very often apply a lot of economic pressure on families during what is already a very challenging time.
Answer:
There are quite a few other rights under employment that correspond to flexibility of work. For instance, the employees, with some justification, can demand schedule alterations, and changes in the patterns and work locations; the employers cannot disregard these demands. Employees can also have the right to leave on compassionate or emergency causes, and in organizing, and using children's care facilities during working hours.
Furthermore, employees can also demand certain time off for training or development purposes. Flexible working too can be effective in case of provision of employees with disabilities. For example, an employee who is not in a position to work full-time may come forward with a need to work part- time or in a shared job position with another employee. All such requests must therefore be addressed by employers in a fair and as reasonable as possible.
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