5OS01 Specialist Employment Law Assignment Help Outline

5OS01 Specialist Employment Law Assignment Help Outline

Assignment Task 1: Understand the purpose of employment regulation and the way it is enforced in

practice.

Evaluate the aims and objectives of employment regulation.

1. Give a brief description of employment regulation
2. Aims and objectives of employment regulation
   1. Protect employees – for example, by preventing bias/discrimination in the workplace
   2. Provide legal protection for both employees and employers
   3. Promote social justice in the work place – for example; it promotes equality and opportunity for all
3. Evaluation
   1. Do these aims and objectives effectively cover regulation of the relationship between the employer and employee?
   2. Do they effectively define the expectations of the employer to the employee and the vice versa?
   3. What are the implications for people practice professionals in organisations?
4. Counterargument – What if there is no employment regulation, What are the negative impacts?

Examine the role played by the tribunal and courts system in enforcing employment law.

1. Give a brief description of tribunal and court system for employment law in the UK
2. What does the enforcement of employment law entail?
3. The role of tribunal and court system in enforcing employment law in the UK
   1. Hear claims
   2. Make decisions
   3. Allow appeals
      1. The employment tribunal
         • Hear and decide case between workers and employers – for instance equal pay and unfair dismissal
         • Hear and decides appealed employment cases
      2. The court system – include Criminal courts, civil courts, High Court, Court of Appeal
         • Hear and decide employment cases from employees against their employers
         • Hear and decides appealed cases

Explain how cases are settled before and during formal legal procedures.

1. Give a brief description of formal legal procedures
2. The process of settling cases before and during formal legal procedures
   1. Before
      1. Settlement agreements
      2. Conciliation – for example; mediation, the involvement of Advisory, Conciliation and Arbitration Service (ACAS),
   2. During
      1. Court or employment tribunal
3. Give a detailed description of the process involved in each step of formal legal procedure
4. What are the benefits of following the legal procedure in settling employment case?
5. What are the implications for people practice professionals?

Assignment Activity 2: Understand how to manage recruitment and selection activities lawfully.

Evaluate the principles of discrimination law in recruitment, selection and employment.

1. Give a brief description of the discrimination law in recruitment, selection and employment
2. Principles of discrimination law in recruitment, selection and employment
   1. Follow the Employment Standards Act
   2. Pay Equity Act
   3. Human Rights Code
   4. Health and Safety Act
   5. Labour Relations Act
3. Evaluation
   1. What does the law say in regard to these principles?
   2. How effective are these principles in preventing discrimination during recruitment, selection and employment?
   3. What are the implications for people practice professionals in organisations?

Discuss the legal requirements of equal pay.

1. Give a brief description of equal pay
2. The legal requirements of equal pay
   1. Men and women must get equal pay for doing ‘equal work
   2. Equal pay law is applicable to pay and contractual terms and conditions. For example; sick pay, basic salary, benefits, redundancy pay, working hours, overtime pay
   3. Equal pay is applicable to agency workers, workers, employees, apprentices, contracts (full-time, part-time or temporary contracts), self-employed people hired to personally do the work
   4. Differences in equal pay may apply based on;
      1. Higher level of skills
      2. Location
      3. Different shifts – with good reasons to pay one shift more than the other
3. What are the implications for people practice professionals in organisations?

Assignment Brief 3: Understand how to manage change and reorganisation lawfully.

Discuss the legal implications of managing change.

1. What does it involve as change in employment law? For instance; change of employment contracts
2. What does it involve when changing employment contracts in organisations?
3. The legal implications of managing change
   1. Review the contract(s)
   2. Understand the legal framework
   3. Ensure compliance
   4. Consider to prevent discrimination in the workplace

Explain the legal requirements relating to transfers of undertakings.

1. Give a brief description of transfers of undertakings?
2. The legal requirements relating to transfers of undertakings – for both (incoming and outgoing) employers
   1. Provide schemes of substantial equivalence
   2. Protect employee’s employment rights
   3. Inform and consult employees
   4. Provide employee liability information
3. What are the obligations of the employers based on the above legal requirements?
4. What are the implications for people practice professionals in organisations?

Learning Outcome 4: Understand how to manage issues relating to pay and working time lawfully.

Explain the major statutory rights workers have in relation to pay.

1. Give a brief description of major workers statutory rights
2. The major statutory rights workers have in relation to pay
   1. Full pay – National minimum wage
   2. No deductions without cause – protection from unlawful deductions
   3. Non-discrimination – equal pay
   4. Fair remuneration
   5. Rights to go on strike and join trade union
3. How are workers protected under the law based on the above statutory rights?
4. What are the implications for people practice professionals in organisations?

Explain the major statutory rights in leave and working time.

1. Major statutory rights workers have on leave
   1. Fully paid statutory leave
   2. Fully paid sick leave
   3. Fully paid maternity, paternity, shared parental or adoption leave
2. Major statutory rights workers have on working time
   1. Working part-time
   2. Working irregular hours or part of the year
   3. Bank or public holidays
   4. Statutory minimum length of rest breaks
3. How are workers protected based on the above statutory rights?
4. What are the implications for people practice professionals?

Explain the main principles of maternity, paternity and adoption rights in the context of employment rights.

1. Give a brief description of employment rights
2. Give a brief description of maternity, paternity and adoption rights for workers
3. The main principles of maternity, paternity and adoption rights in the context of employment rights
   1. Maternity rights
      1. Right to maternity leave
      2. Right to maternity pay – for example, stator maternity pay or enhanced maternity pay depending on the scope of eligibility,
      3. Redundancy protection rights
      4. Health and safety rules and penalties in the workplace
   2. Paternity rights
      1. Right to paternity leave
      2. Right to paternity pay – for example statutory paternity pay, enhanced paternity pay depending on the scope of eligibility
      3. Redundancy protection rights
   3. Adoption rights
      1. Right to statutory adoption leave
      2. Right to statutory adoption pay
      3. Right to shared parental leave and leave
      4. Redundancy protection rights
   4. For all types of rights, the employee is entitled to;
      1. Pay rises,
      2. Accrue usual holidays
      3. Right to return to work

Explain other employment rights relating to flexible working.

1. Give a brief description of flexible working
2. Other employment rights relating to flexible working
   1. Right to request flexible working
   2. Right to request for two statutory flexible working per year
   3. Right to get the request decision within two months from the employer
   4. Right to be consulted by the employer before rejecting a request