5OS01 Specialist Employment Law

Introduction to 5OS01 Specialist Employment Law

5OS01 is a specialist unit that examines employment legislation and people professionals’ roles in considering the legal requirements while carrying out different people practice roles and responsibilities.

Learning objectives:

CIPD students should understand:

• The purpose and enforcement of employment regulation
• Roles of tribunal courts in employment law
• Settling cases before and after legal procedures
• Discrimination law
• Redundancy law
• Change in contracts
• Lawfully managing pay and working time
• Flexible working regulations.

AC 1.1 Aims and objectives of employment regulation

Students explain roles of employment in:

• Achieving social justice at work
• Providing fairness and inclusion at work

Students also explain the economic arguments to-

• Protect employees against slavery, discrimination, and unjust and negligent acts

Students further explain the need for professionals to understand negative employment regulations arguments relating to complexity of legislation, poor drafting to the regulations, and the groups that oppose workplace regulations.

AC 1.2 Role of tribunal and court systems in enforcing employment law

Students explain the court roles to hear matters related to employment. Students further explain how law is enforced in the workplace.

Students further explain the hierarchy of courts as follows:

• Employment Tribunal
• Employment Appeal Tribunal
• Court of Appeal
• Supreme Court
• European Court of Justice
• County Court
• High Court

1.3 How cases are settled before and during formal legal procedures

Students explain the role of ACAS and COT3, or the role of Labour Relations Agency and Workplace Relations Commission (ROI) in early conciliation.

Students explain the process of discussion and negotiation during the legal procedures and the settlement agreements between parties in disputes.

Examples that professionals should reconsider when settling agreements include-

• Financial settlement
• Writing the settlement agreement
• Ensuring that the agreement is ‘without prejudice’
• Voluntary engagement in the agreement settlement process

Students further explain the importance of legal advice when settling agreements.

AC 2.1 Principles of discrimination law in recruitment, selection and employment

Students need to understand employees’ protected characteristics under the Equality Act 2010. The law protects employees against discrimination on gender, age, religion, ethnicity, sexual orientation, disability and pregnancy during recruitment, selection and employment.

Students explain the concepts of direct and indirect discrimination and the nature of workplace harassment against employees on basis of protected characteristics. Students further explain the significance of ‘purpose or effect’ in discrimination law, as well as the concept of victimisation, discrimination by perception and discrimination by association.

Students explain the reasonable adjustments that people professionals and organisations need to focus on when implementing discrimination law, consider remedies in managing discrimination and evaluate the relevant cases relating to discrimination law in recruitment and selection.

AC 2.2 Legal requirements of equal pay

Students explain the principles of equal pay, significance of defending equal pay claims, considerations of the relevant cases relating to equal pay and conduct reviews for organisation compliance to equal pay laws and regulations.

AC 3.1 Legal implications of managing change

Students explain the lawful processes in consultation, getting into an agreement and dismissing or re-engaging during the change process.

Students explain legal requirements on change in employment contracts. They explain possible risks of contract breach, ‘stand and sue’, risks of employee discrimination during change, and legal requirements in constructive dismissal.

Finally, students explain law principles in redundancy in the organisations, redundancy pay, and consultations during the redundancy process in the organisation.

AC 3.2 Legal requirements relating to transfers of undertakings

Relevant legislations include-

• Transfer of Undertakings Protection of Employment (TUPE) Regulations
• Legal requirements relating to employees liability information
• Students explain rights of affected employees due to information and consultation
• Legal requirements and consequences of legislation breach

AC 4.1 Statutory workers’ rights in relation to pay

• Laws on wages and salaries
• Statutory pay rates
• Itemised pay statements
• Linking statutory pay to working time and absence due to sickness

AC 4.2 Statutory rights in leave and working time

• Working time legislation
• Employee entitlement to annual leave
• Maximum working hours provisions
• In-work rest periods
• Pay on annual leave
• Night workers’ provisions

AC 4.3 Principles of maternity, paternity and adoption rights in context of employment rights

Students explain employees’ rights and statutory regulations during maternity, such as pay during maternity leave and off days to attend antenatal care. Students also explain pay and number of leave days for employees taking paternity and adoption leave. Further, students explain the qualifying periods of service for the employees.

AC 4.4 Employment rights relating to flexible working

Students explain the rights of employees on different work arrangements, such as-

• Paid and unpaid time off during work hours
• Working during weekend and holidays
• Employees’ rights to request for flexible working (on basis of care responsibilities and on religious grounds)
• Basis on which employers may refuse to grant the requests.