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Introducing Employment Law
Learning the European and UK employment laws is the purpose of the CIPD unit 5EML at level 5. Learners pursuing HR can benefit from this unit by understanding the importance of legal requirements as they apply to HR decisions within an organization. HR practitioners should identify with the legal authority that determines the type of actions and decisions they take and the relationship with employees that they establish. As learners, they learn about how employment law influences the daily activities and decisions of HR in the workplace and among employees. During the training, learners learn about the local and internal employment jurisdictions to enhance the proper management of relationships within the company.
Employment law study topics
The following are the main topics students will learn in this unit:
Getting to know the legal system
During this process, you will learn the objectives and aims of employment regulation in a particular company. Students can refer to UK, Ireland, and EU regulations, and international students can also learn about employment regulations in their home countries. Legal systems are meant to promote social justice, fairness, and employee protections in the workplace. When these beliefs are not followed within the workplace, the tribunal and the court system are called upon to make decisions based on the legal laws and the specifics of the claims. Therefore, the legal system must be utilized to resolve arguments. In conflict resolution, different methods are used, such as early reconciliation, mediation, and arbitration.
Keeping discrimination at bay
A section in this book explores ways to avoid discrimination, particularly during the recruitment and selection of employees. Employers are responsible for relating to the protected characteristics in the Equality Act 2010 to ensure that no employee or candidate seeking employment will be treated less favourably. Learners have the opportunity to distinguish between direct discrimination, indirect discrimination, and discrimination by association.
Contract law
Students can learn about different aspects of contract law and the different elements of a contract, including an offer, acceptance, consideration of parties, and intent to bind the parties to the contract. Additionally, students are taught to distinguish between the express and implied terms. Finally, they need to understand that contracts can be changed through the flexibility clause.
Organizational change
The redundancy of workers within an organization causes changes, and business transfers also result in organizational changes. Employment Rights Act 1996 and Trade Union and Labour Relations Consolidation Act 1992 apply to determine whether an employee is entitled to redundancy. These processes must be followed to ensure that redundancies are necessary, and employees should also be consulted. A TUPE law identifies with the employee’s right to the terms of employment, continuity of employment, and benefits even when the business is transferred.
Worker’s rights
The National Minimum Wage Act 1998 guarantees minimum wages to employees in any organization. Furthermore, they have a right to leave under the Working Time Regulation 1998 and work time under the Working Time Directive. In addition to maternity leave and paternity leave, employees are entitled to take off days to care for family and friends in times of need. The Health and Safety at Work 1974 regulation provides employees with the right to a safe working environment to be well protected. There is an implied duty on employers to promote fairness, respect, and adhere to the psychological contract terms developed between them and the employees. In addition to this right, employees also have a right to associate under Article 11 of the Human Rights Act.
Dismissal
Employers must follow the proper procedure to address misconduct and capability issues when dismissing an employee. Making decisions on dismissal is more equitable if employers follow the proper procedure. It is essential for students taking the employment law course to know that there are five justified reasons for dismissal, which include misconduct, capability, redundancy, and breach of statutory restriction. They should also know that any other reason they choose should be genuine and fair to both the employee and employer. During the disciplinary hearing process, employees are allowed to be accompanied before their dismissal. Students should become familiar with the roles played by parties accompanying employees at hearings.
During this unit, what will learners learn?
When learners have completed the course and passed the EML assessment, they will be able to:
- The student has understood employment law, its aims and objectives, and how it is enforced at work.
- Learned best practices and legal compliances in several HR activities, including selection, recruitment, equal pay, management of employees per the law, legal disciplinary procedures and matters, and performance management.
- Understand the complexities involved in fulfilling HR roles in a legal manner
- Understand how to treat employees following the law
Assessment of the 5EML
Upon completing the unit, learners will be required to complete an assessment where they will be required to write a booklet with specific questions about the issues discussed above.
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