This unit considers key areas of employment legislation and its legal framework, focusing on how people professionals are obliged to take account of legal requirements in different jurisdictions when carrying out the varied aspects of their role.
You will learn about the purpose of employment regulation and the way that it is enforced in practice. You will evaluate the aims and objectives, the role played by the tribunal and courts in enforcing employment law and how cases are settled before and after legal procedures. You will explain the main principles of discrimination law, how to manage recruitment and selection activities lawfully as well as learn about redundancy law and changes in contracts.
Finally, you will learn about managing issues relating to pay and working time in a lawful way and employment rights for flexible working.
CIPD’s insight
In the UK, most employment law is categorized as ‘civil law’ or ‘private law’, meaning that it’s enforced as a result of one party (the claimant) suing another (the respondent) either for compensation or some other remedy in a civil court. The claimant is normally an employee or worker, a former employee or worker, or an unsuccessful job applicant. The claimant uses the court and employment tribunal system to allege that the respondent (their current or former employer) has caused them some kind of detriment and has done so in contravention of the law.
This factsheet for CIPD members explains the key principles according to which the civil court system operates when handling employment cases.
Use our employment law topic pages and member-only employment law helpline, plus connect with your peers through the employment law forum. As a CIPD member, you also get substantial savings on HR-Inform, our practical online employment law tool.
Employment tribunals address claims that may be brought against employers by employees relating to their employment or its termination. You’ll find here information on employment tribunals, tribunal procedures and hearings, defending claims, appeals procedures, tribunal costs, compensation and awards.
Assignment Brief
Preparation for the Tasks:
- At the start of your assignment, you are encouraged to plan your assessment work with your Assessor and where appropriate agree on milestones so that they can help you monitor your progress.
- Refer to the indicative content in the unit to guide and support your evidence.
- Pay attention to how your evidence is presented.
- Ensure that the evidence generated for this assessment remains your own work.
You will also benefit from:
- Acting on formative feedback from your Assessor.
- Reflecting on your own experiences.
- Reading the CIPD Insight, Fact Sheets, and related online material on these topics.
Task
Prepare a written report on the topic of Specialist Employment Law.
Use the following four headings and cover the ACs in each section:
Understand the purpose of employment regulation and the way it is enforced in practice.
- Evaluate the aims and objectives of employment regulation.
1.2 Examine the role played by the tribunal and court system in enforcing employment law.
1.3 Explain how cases are settled before and during formal legal procedures.
Understand how to manage recruitment and selection activities lawfully.
- Evaluate the principles of discrimination law in recruitment, selection and employment.
- Discuss the legal requirements of equal pay
Understand how to manage change and reorganization lawfully.
- Discuss the legal implications of managing change.
- Explain the legal requirements relating to transfers of undertakings.
Understand how to manage issues relating to pay and working time lawfully.
- Explain the major statutory rights workers have in relation to pay.
- Explain the major statutory rights in leave and working time.
- Explain the main principles of maternity, paternity, and adoption rights in the context of employment rights.
- Explain other employment rights relating to flexible working.
You must cover each of the Assessment Criteria ACs (all 11) in a document that is attractive and easy to follow.
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