5OS01 SPECIALIST EMPLOYMENT LAW
- April 25, 2022
- Posted by: admin
- Category: CIPD Level 5
This component of the level 5 course covers the most important aspects of employment law and the legal models that govern them. The unit emphasizes the differences in legal obligations for professionals in different locations and how they affect their work duties. This section essentially provides learners with a legal viewpoint on people management in the workplace, ensuring compliance.
What you will Learn
Within the subject, students will study the importance and duties of employment regulations and how they are applied in professional practice. The section evaluates the legislation’s purpose and purposes and how the judiciary executes the laws through tribunals and courts. How employment-related cases are addressed before and after legal processes, in particular. Learners will be able to clearly articulate the basic concepts and principles of legally managed recruiting and selection, discrimination and redundancy regulations, and contract modification in this section. Students will also look at dealing with concerns such as payment, employee rights, and working hours.
This unit is suitable for persons who
This unit is mostly concerned with HR principles. Therefore, individuals who are currently employed in HR or have a strong desire to pursue a career in People Management are the best candidates for the course. The CIPD, on the other hand, offers inclusivity, allowing persons without an HR experience to apply for Associate Level 5 Diplomas in people management and learning and development. They will be able to take on managerial roles in various organizations due to this opportunity.
1st Learning Goal
Students must show that they understand the importance of labour rules and regulations and how to implement them in the workplace. The following methods are used to attain this learning outcome:
A student must be able to analyze the purposes and objectives of labour laws. For example, students who address their roles in campaigning for inclusiveness, social justice, and equity in professional practice will have met the criteria.
- Students must evaluate the function of judicial institutions in implementing employment standards during courses and assignments. For example, various institutions have distinct jurisdictions regarding employment regulations; thus, students must understand the hierarchical nature of courts and the enforcement levels at each rank.
- All entries must clarify how cases are resolved both within and outside of the legal framework and legal process, according to the CIPD. These include descriptions of the tribunal system, various organizations’ functions, the components and essential words associated with settlement agreements, and the value of independent legal advice.
2nd Learning Outcome
The second need is the legal application of employment standards in managing recruiting and selection within organizations. Finally, students must be able to do the following tasks:
- Examining components of the anti-discrimination statute and their implications for employment, selection, and recruitment. In addition, course participants must discuss various forms of discrimination, harassment, and other forms of workplace maltreatment and the appropriate countermeasures.
- Dealing with the legal foundations of equal pay. Students can learn about significant allegations, countermeasures to rebut equal pay claims, tactics for minimizing equal pay concerns, and internal assessments to prevent future claims.
3rd Learning Objective
The ability to legally manage change and shifting structures is the third prerequisite. This result can only be achieved if a student:
- Discusses legal change procedures, such as consulting stakeholders, requesting consent, enacting change across the board, discarding required adjustments, and beginning the consultation process. In addition, contract breaches and redundancy are part of the changes. As a result, students must consider all legal ramifications.
- Provides detailed discussions of the legal ramifications of transferring commitments and agreements to different parties. Compliance with employment legislation, the collective rights of concerned parties to consultation and information, and the measures taken when a significant breach are all legal responsibilities.
4th Learning Objective
Students must demonstrate sufficient knowledge by the conclusion of the course to demonstrate their comprehension of the management of working hours and salaries. Evidence of their knowledge must be presented in the following ways:
- Clear explanations of workers’ rights in terms of pay and working hours and wage regulations that link pay to hours worked. In addition, learners must identify the link between pay suggestions and employee feedback to support proper management and HR activities.
- Legislative explanations affect wage rates even during holidays. Therefore, learners must connect legal frameworks, wage rate calculations with leave rights, normal and sick leave payment standards, maximum daily work hours, and minimum rest time.
- Examining the fundamentals of job rights such as paternity and maternity leave. Students must explain their pay entitlement and the requirements determining qualifications during such work leave.
- Explanations of employees’ rights in terms of workplace flexibility. Workers may seek time off during official and religious holidays, for example, when they must deal with their responsibilities. As a result, students must also clarify their payment rights during these times.
What are the entry requirements?
The only qualification for the course is that you know how to communicate in English, which is helpful to English-speaking countries. Applicants who do not speak English as a first language are still eligible to apply. However, they need to have proficiency qualifications, such as the IELTS, to show the CIPD foundation that they can understand English-based courses and assignments. Another unspoken prerequisite is the determination to complete all of the CIPD’s learning requirements, which will enable applicants to work in HR in official positions.
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Task 1: Find out what employment regulation is for and how it is implemented in practice.
Employees are protected against unfair or discriminatory treatment by employment regulations. It also attempts to provide a safe and healthy working environment for employees. In practice, government authorities such as the Department of Labor investigate violations of employment regulations. Employees can also submit a complaint with these agencies if they believe they have been treated unfairly.
The majority of employment regulations are enforced in practice through the threat of legal action.
To protect their employees, employers must adhere to several employment standards. The minimum wage, overtime pay, and safety standards are part of these rules. On the other hand, enforcing these restrictions can be challenging since companies may be hesitant to change their procedures or even ignore the law entirely.
The prospect of legal action is one way that employment regulations are enforced. For example, employees who do not receive minimum wage or sufficient overtime pay might bring a lawsuit against their employer. If employees believe their company is breaking health and safety standards, they can submit a complaint to the authorities. If an employer is found to breach employment laws, the government may sue them and punish them.
Task 2: Analyze the aims and objectives of employment law, the role of courts and tribunals in enforcing it, and how cases are resolved before and after legal proceedings.
According to the Tribunal and the courts, employees should be protected from unfair or discriminatory treatment at work.
One of the Tribunal’s key goals is to make sure that employers are following their legal commitments to their employees. As a result, an employee’s claim against an employer may be investigated by the Tribunal, or the Tribunal may decide an employer’s claim against an employee.
The Tribunal’s goal is to balance employers’ and employees’ rights and obligations while also protecting employees from unfair or discriminatory treatment in the workplace. Tribunals have the power to force employers to compensate employees who have been discriminated against at work. However, this is frequently a better option than filing an unjust dismissal claim, which could result in monetary damages.
In many circumstances, an employment disagreement is first brought to the attention of the Tribunal before either party files a lawsuit in court. This allows both parties to achieve an agreement without going to court and spending extra expenditures. If a settlement cannot be reached, either side can take the dispute to court. In most situations, the party found to violate an employment regulation will be obliged to pay the opposing party’s legal fees.
On the other hand, employers have a distinct edge when it comes to enforcing employment regulations because they have more resources and experience at their disposal. Employers can frequently afford better legal representation and access more data that can be used as proof. On the other hand, employees may lack the experience or resources to understand, let alone enforce, their legal rights.
Another problem with enforcing employment restrictions is that employers breaking the rules frequently use delaying tactics. An employer, for example, may claim that they lack the financial resources to pay their employees what they are entitled to. This may prevent an employee from pursuing legal action against them for some time, during which the employer continues to look for employment law loopholes.
Employers frequently seek employment law counsel before hiring new employees to avoid issues. Employees who have recently started working for an employer make the majority of allegations of unfair dismissal or discrimination.
Task 3: Explain the main principles of discrimination law, how to manage recruitment and selection activities legally, and redundancy laws and contract changes.
- Discrimination law is a set of rules and regulations to prevent discrimination against employees based on specific personal qualities. The following are the main principles of discrimination law:
- No Discrimination – Employers cannot refuse to hire someone because of their gender, age, religion, or other protected traits under discrimination law.
- No Victimization – Companies are prohibited from retaliating against employees who have filed a discrimination claim or are suspected of doing so.
- Genuine Occupational Requirements (GOR) – In some cases, an employer may operate under genuine occupational requirements (GOR), which indicates that only employees who possess a specific trait would be able to perform the tasks of that function. Employers must demonstrate that the GOR is real and not discriminatory in these situations.
- Justification – If an employer has broken the law by failing to meet a GOR, they may be able to justify their conduct by demonstrating how they would have met the job requirements if they hadn’t taken gender into account.
Employers who are found to have broken the law against discrimination may face significant fines and other consequences. They may also be compelled to pay the employee remuneration. On the other hand, employers are more likely to resolve conflicts with employees before they reach a tribunal.
According to redundancy law, employers must follow certain procedures when making employees redundant. Any company with more than 20 employees is obligated by law to perform a redundancy consultation process, including arranging individual consultation meetings with each employee laid off. If the company has fewer than 40 employees, the employer is not compelled by law to attend individual meetings with each laid-off person.
Employers may opt-out of collective consultation even if they have more than 20 employees to demonstrate that they have already held a collective meeting with the workforce in the same calendar year. If an employer does not want to conduct individual consultations, they must give written notice to their employees at least 30 days before the meeting. This will give employees time to determine whether or not they want to appeal their dismissal.
Employees who do not receive notification of a collective consultation meeting might sue their employer for unjust dismissal. Employees laid off may be eligible for redundancy pay or unjust dismissal compensation.
Contracts are legally binding agreements between an employer and an employee that detail the terms and conditions of employment. If it is important to continue good business operations, employers may elect to modify contracts with existing personnel. For example, introducing new company policies, changing working hours, or using new equipment as examples of changes. On the other hand, employers should be wary of changing the conditions of an employee’s contract without their permission.
The following are the primary types of adjustments that employers are allowed to make:
- Minor Adjustments – If essential for business operations, employers may need to make minor changes to an employee’s contract. For example, these could involve implementing a new company policy or adjusting working hours. Employees’ contracts will continue as before if employers make these modifications, and they will not be needed to give their consent.
- Significant Changes – If essential for business operations, employers may need to change an employee’s contract. Introducing new equipment, changing working hours, or changing employee job tasks or responsibilities are just a few examples. Employers should give their employees a letter describing the reasons for the change and an explanation of any additional terms that will be included in the employee’s contract in these situations. Employers must also provide adequate notice to employees before they are required to sign the new contract.
Employers should be aware that if they amend a contract without the employee’s permission, an employment tribunal may determine that the employer did not treat the employee fairly and respectfully. This could indicate that companies have failed to meet their legal obligations under the Employment Rights Act of 1996.
Task 4: Understand how to manage issues related to pay and working time in a legal manner and employment rights for flexible working.
Employers are required to compensate their employees for every work they have accomplished. If employers fail to do so, an employment tribunal may decide that employees should be reimbursed if they have incurred a financial loss due to their employer’s failure to pay them correctly. There are additional restrictions governing the amount of pay that employees must get. The minimum wage is a weekly sum that employers must pay their employees for all hours worked.
Employers have the right to require employees to work several jobs as long as this does not result in more than 48 hours per week on average. If employers ask their employees to do so, they must give written notice, and the number of hours worked by each employee must remain constant for at least four weeks.
If they have been contracted to perform more than 48 hours a week, employees are entitled to overtime pay. Overtime pay is normally paid at 1.5 times or double the regular hourly rate, as specified in the employee’s employment contract.
Employees who have worked for an employer for more than a month and a half shall obtain a statement of particulars outlining their employment rights, including compensation and working hours. This is in contrast to employees hired for less than four weeks, who typically orally handed their terms and conditions.
Employers should also be aware that they cannot adjust employees’ working hours or pay conditions without their approval if they are doing it to avoid their employer’s obligations under employment rights legislation.
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