CIPD Level 5OS01 Specialist Employment Law

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CIPD Level 5OS01 Specialist Employment Law

The CIPD Level 5 Specialist employment law covers the principles of employment law and their application in practice. This includes an understanding of the rights and responsibilities of employers and employees in both the private and public sectors.

The course also looks at the different types of contract, disciplinary and grievance procedures, as well as redundancy. It is advisable for those working in or aspiring to work in human resources, or with any generalist responsibility for managing people in organizations.

You’ll learn about the different types of employment contracts and how to resolve disputes, as well as gain an insight into the latest case law and tribunal decisions. Plus, you’ll get all the tools you need to improve your HR practice.

CIPD 5OS01 Assignment Task 1: Understand The Purpose Of Employment Regulation And The Way It Is Enforced In Practice.

1.1 Evaluate The Aims And Objectives Of Employment Regulation.

There are a number of different aims and objectives of employment regulation, which can be broadly grouped into two main categories: protecting the rights of employees, and ensuring fairness in the workplace.

Employment regulation protects the rights of employees by setting out minimum standards that employers must meet in areas such as health and safety, working hours and pay. This ensures that employees are not exploited or treated unfairly, and helps to create a level playing field between different employers.

Enforcing employment regulation also has the objective of ensuring fairness in the workplace. By ensuring that all employers follow the same rules, it prevents any one employer from gaining an unfair advantage over others. This helps to create a level playing field for businesses, and ensures that employees have equal opportunities regardless of who they work for.

1.2 Examine The Role Played By The Tribunal And Courts System In Enforcing Employment Law.

The tribunal and courts system plays a vital role in enforcing employment law. This system helps ensure that employers comply with the law and provides employees with a forum to seek redress if they feel they have been treated unfairly.

The tribunal system is designed to resolve disputes quickly and efficiently, without the need for expensive legal proceedings. Tribunals hear cases concerning allegations of unfair dismissal, discrimination and other workplace disputes. If an employee is successful in their claim, the tribunal can order the employer to take remedial action or pay compensation.

The court system also has an important role to play in enforcing employment law. This is particularly relevant in cases where an employee has been dismissed unlawfully or where there has been serious breach of contract. The court can order the employer to reinstate the employee or pay compensation.

There are a number of ways in which cases can be settled before or during formal legal procedures. These include:

  1. Through mediation or arbitration (where parties agree to use a neutral third party to help them reach an agreement);
  2. By making an application to the court for a ‘stay of proceedings’ (which means that the case is put on hold while the parties try to reach a settlement);
  3. By making an application to the court for ‘summary judgment’ (which is where the court decides that there is no need for a full trial because there is no dispute between the parties);
  4. By making an offer of ‘compromise’ (where one party makes an offer to settle the case for an agreed sum of money);
  5. By making an application to the court for ‘strike out’ (which is where the court orders that the case be removed from the list of cases waiting to be heard because it has no prospect of success).

CIPD 5OS01 Assignment Activity 2: Understand How To Manage Recruitment And Selection Activities Lawfully.

2.1 Evaluate The Principles Of Discrimination Law In Recruitment, Selection And Employment.

Discrimination law protects individuals from being treated unfairly on the basis of certain protected characteristics. In recruitment, selection and employment, this means that employers cannot treat job applicants or employees less favorably because of their race, color, national origin, religion, sex, age, disability, or genetic information. The law also prohibits employers from retaliating against individuals who complain about discrimination or participate in an employment discrimination investigation or lawsuit.

The Equal Pay Act 1963 is an UK law which tackles the gender pay gap by making it illegal for employers to pay men and women differently for doing equal work. The act requires equal remuneration for work of equal value, irrespective of sex (or any other characteristic such as race, disability etc.). It also makes it unlawful to offer different employment terms on the grounds of sex. This includes terms and conditions relating to hours, location, shifts, overtime rates and annual leave entitlement.

There are a number of factors which determine whether two jobs are deemed to be of equal value for the purposes of the Equal Pay Act. These include: Nature of the work Conduciveness to working Hoursworked Physical effort or skill needed Level of responsibility Conditions under which the work is carried out

In order to make a claim for equal pay, an employee must be able to show that they are doing work of equal value to a colleague of the opposite sex. They will need to provide evidence to support their case, such as job descriptions, job adverts, salary details and any other relevant information.

If an employee is successful in their claim, they will be entitled to receive the same pay and benefits as their male counterpart. They may also be entitled to back pay, which is the difference in wages that they should have been paid had they not been discriminated against.

5OS01 Assignment Brief 3 CIPD: Understand How To Manage Change And Reorganisation Lawfully.

The legal implications of change management can be significant. Changes in employee roles or responsibilities, for example, can result in claims of wrongful termination or defamation. In order to minimize the risk of legal action, it’s important to consult with an attorney before making any changes to your organization’s structure or personnel.

In addition, you’ll need to be aware of any relevant labor laws that may apply to your situation. For instance, the National Labor Relations Act (NLRA) protects employees’ rights to form unions and engage in collective bargaining. If you’re planning a major reorganization that will result in job losses, you’ll need to make sure that you’re complying with the NLRA’s requirements.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (as amended in 2014) (“TUPE”) provides protection for employees when there is a relevant transfer of an undertaking, business or part of an undertaking or business.

A relevant transfer will occur where there is a transfer of an economic entity which retains its identity after the transfer. In determining whether there has been a relevant transfer, the courts will look at a number of factors, including whether there has been a transfer of assets and/or liabilities, whether there has been a change in ownership and/or control and whether there has been a change in the workforce.

TUPE applies to both contractual and non-contractual transfers, including assets sales, mergers and acquisitions.

When TUPE applies, the transferor’s employees will transfer to the transferee on their existing terms and conditions of employment. The employees’ continuity of employment will be maintained and they will not lose their employment rights as a result of the transfer.

CIPD 5OS01 Learning Outcome 4: Understand How To Manage Issues Relating To Pay And Working Time Lawfully.

4.1 Explain The Major Statutory Rights Workers Have In Relation To Pay.

The major statutory rights workers have in relation to pay are the right to be paid the national minimum wage, the right to be paid their agreed wage, and the right not to have deductions made from their wages without their written consent.

The national minimum wage is currently £7.50 per hour for workers over 25 years of age. Workers aged 21-24 are entitled to receive a minimum of £7.05 per hour, and those aged 18-20 are entitled to £5.60 per hour. Workers who are 16 or 17 years of age are entitled to receive £4.05 per hour.

Workers have the right to be paid their agreed wage if it is higher than the national minimum wage. This applies regardless of whether the worker is full-time, part-time, or on a zero hours contract.

Deductions from wages are only permitted in very limited circumstances, such as where the deduction is required by law (such as income tax or national insurance contributions) or where the worker has given their written consent to the deduction (such as for payment of union subscriptions).

4.2 Explain The Major Statutory Rights In Leave And Working Time

There are a number of statutory rights in leave and working time. For example, employees have the right to a minimum amount of annual paid leave, which is currently set at 5.6 weeks (or 28 days) for those who have worked for their employer for at least one year. Employees also have the right to take unpaid parental leave to care for a child under 18 years of age, and to receive paid sick leave if they are unable to work because they are ill or injured.

Additionally, there are various regulations governing how long employees can work each day and how many breaks they must be given. For instance, employees cannot work more than 48 hours per week on average (although they may choose to work longer hours in certain circumstances), and they must be given a break of at least 20 minutes if they work more than six hours in a day.

Finally, employees have the right to request flexible working arrangements, such as reduced hours or the ability to work from home. Such requests can only be refused on certain grounds, such as where the business would suffer undue hardship as a result of the changes.

4.3 Explain The Main Principles Of Maternity, Paternity And Adoption Rights In The Context Of Employment Rights.

Maternity rights: Employers with at least 50 employees must offer 12 weeks of unpaid maternity leave to full-time workers. Maternity leave can be taken anytime within the first year after the child is born, and it’s job-protected so you can’t be fired for taking it. You’re also eligible for FMLA (Family and Medical Leave Act) if your job is covered by that law.

Paternity rights: Fathers are now legally entitled to time off to care for their newborn children under the Family and Medical Leave Act (FMLA). The law allows fathers to take up to 12 weeks of unpaid leave in a 12-month period to bond with a new child, whether or not the father is married to the child’s mother.

Adoption rights: Parents who adopt are legally entitled to 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA). The law allows parents to take leave to bond with a new child, regardless of whether they are adopting domestically or internationally.

4.4 Explain Other Employment Rights Relating To Flexible Working.

In addition to the right to request flexible working arrangements, employees also have the right to take reasonable time off work for certain purposes, such as caring for a sick family member or attending a school event. Employees are also entitled to take unpaid leave for jury duty or military service.

Finally, employees have the right to receive fair treatment from their employers. This includes the right to be free from discrimination, harassment, and retaliation. Employees also have the right to join or form a union, and to engage in collective bargaining.

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