CIPD Level 7OS01 Advanced Employment Law In Practice

There are a few things to keep in mind when practicing advanced employment law. First, always remember that the ultimate goal is to protect the interests of your client. This means understanding the relevant law and being able to effectively advocate for your client. It also means maintaining good communication with them so you are always aware of their goals and can best represent them.

Second, build a strong network of resources. This will help you stay up to date on changes in the law, find expert witnesses, and more. And finally, always maintain professionalism and integrity in your work. This will help you win trust from clients and colleagues alike, which is essential in this field.

Assignment Task 1: Understand The Legal Framework For Employment Regulation In The UK.

1.1 Discuss The Major Sources Of Employment Law And Its Evolution, Including The Major Employment Rights

The major sources of employment law in the UK are as follows:

The common law, which is based on case law or judicial precedent.

Statutory law, which is codified in legislation passed by Parliament. European

Union (EU) law, which includes directives and regulations that member states must implement into their national law.

The development of employment law has been shaped by a number of key events, including the Industrial Revolution, the growth of trade unionism and the enactment of key pieces of legislation such as the Factory Acts (1802-1901) and the Trade Disputes Act (1906).

The major employment rights in the UK include the right to fair pay, the right to paid holiday, the right not to be unfairly dismissed and the right to work in a safe and healthy environment.

1.2 Explain The Role And Function Of The Courts And Other Institutions Responsible For The Administration Of Employment Law.

The courts and other institutions responsible for the administration of employment law play a vital role in ensuring that employees are treated fairly in the workplace. By upholding the law, these institutions help to protect employees from discrimination and unfair treatment, and ensure that they are paid a fair wage for their work. They also provide a forum for employees who have been wronged by their employer to seek justice.

The main courts responsible for employment law in the UK are the Employment Tribunals and the Employment Appeal Tribunal. These tribunals hear disputes between employees and employers, and can make orders that are binding on both parties. The decisions of the Employment Tribunals are also binding on other courts, meaning that they set a precedent for future cases.

Other institutions that play a role in employment law include trade unions, which represent employees in negotiations with employers, and government agencies such as the Health and Safety Executive, which is responsible for enforcing health and safety legislation.

1.3 Explain Employment Status And The Legal Tests Used To Establish To Whom Different Employment Rights Apply.

There are three main types of employment status in the UK: employee, worker and self-employed. The legal tests used to establish to whom different employment rights apply vary depending on the type of status.

Employees are entitled to a wide range of employment rights, including the right to fair pay, the right not to be unfairly dismissed and the right to paid holiday. To be classed as an employee, an individual must have a contract of employment with their employer. This contract can be written, oral or implied.
Workers are entitled to fewer rights than employees, but still have some protection under the law. They include the right to minimum wage and the right not to be treated unfairly because of their race, sex, disability or religion.

To be classed as a worker, an individual must have a contract with their employer that states that they are to perform work for them. This contract does not need to be in writing, and can be implied from the circumstances.
Self-employed individuals are not entitled to the same rights as employees or workers. However, they are protected from discrimination under the Equality Act 2010. To be classed as self-employed, an individual must be in business on their own account and have control over their own work.

1.4 Critically Evaluate The Principles Of The Law In The Fields Of Precedent, Vicarious Liability And Continuity Of Employment.

Precedent is a principle of law that states that decisions made by courts in similar cases should be followed in future cases. This helps to ensure that the law is applied consistently and fairly, and that individuals can predict how a court is likely to rule in their case.

Vicarious liability is a legal principle that makes an employer responsible for the actions of their employees. This means that an employer can be held liable for damages caused by an employee, even if the employer did not personally do anything wrong.

Continuity of employment is a principle that protects employees from being unfairly dismissed or made redundant. It also gives employees certain rights, such as the right to accrue holiday entitlement and the right to a pension, if they change jobs.

Assignment Task 2: Understand Regulations That Aim To Protect Employees From Unlawful Acts Of Discrimination

2.1 Assess The Protected Characteristics Covered By The Equality Act 2010 And Its Operation.

The Equality Act 2010 protects nine ‘protected characteristics’: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

These characteristics are used to define who is protected from discrimination under the Act. Discrimination on the grounds of any of these protected characteristics is unlawful.

The Equality Act 2010 also contains provisions to protect people from discrimination ‘by association’ or ‘by perception’. This means that it is unlawful to discriminate against someone because they are associated with someone who has a protected characteristic (for example, a family member), or because they are wrongly perceived to have a particular protected characteristic (for example, if they are mistakenly seen to be disabled).

The Act also makes it unlawful to discriminate against someone because they have complained about discrimination or because they have helped somebody else to make a complaint. This is known as ‘victimisation’.

2.2 Evaluate The Defences That Respondents Deploy In Discrimination Cases And Remedies.

There are a number of defences that can be used by respondents in discrimination cases. These include:

Justification – this defence can be used where the respondent can show that the discriminatory treatment is a ‘proportionate means of achieving a legitimate aim’. Objective justification is only available in certain types of discrimination cases, and only if the respondent can meet a very high burden of proof.

Positive action – this is a defence that can be used where an employer takes action to address an under-representation of people from a particular group within its workforce.

The Equality Act 2010 allows for positive action to be taken in relation to recruitment and promotion, provided that the action is taken in a way that is proportionate and does not discriminate against anyone.
Reasonable adjustments – this defence applies in cases of disability discrimination, and requires employers to make reasonable adjustments to the workplace to accommodate the needs of disabled employees.

The test for what is ‘reasonable’ will vary depending on the individual circumstances, but will usually take into account the size and resources of the employer.

2.3 Explain The Principles Of Equal Pay Law And Regulation On Pay Gap Reporting.

The Equality Act 2010 provides for equal pay between men and women in the same employment, where they are doing ‘like work’, ‘work rated as equivalent’ or ‘work of equal value’.

The principle of equal pay does not just apply to basic pay – it also covers other benefits and conditions of employment, such as bonuses, overtime rates, pension rights and sick pay.

In order to enforce the right to equal pay, employees can bring a claim in the employment tribunal. If the claim is successful, the tribunal can make an order for the payment of arrears of salary or benefits, as well as ordering the employer to take steps to ensure that the discrimination does not continue in the future.

The Equality Act 2010 also requires employers to publish information about the pay gap between male and female employees. This is known as ‘gender pay gap reporting’.

Gender pay gap reporting is a way of showing whether there is a difference in the average pay of men and women in an organisation. It is a measure of the difference between men’s and women’s average hourly earnings, expressed as a percentage of men’s earnings.

The Equality Act 2010 requires employers with 250 or more employees to publish their gender pay gap information on an annual basis. The first reports were due to be published by 4 April 2018.

The information that must be published includes the mean and median gender pay gaps, the proportion of men and women in each quartile of the employer’s pay structure, and the number of men and women receiving bonuses.

2.4 Assess The Management Of Employment Law In Respect Of Specific Groups Of Employees.

There are several key pieces of legislation in the UK that aim to protect employees from discrimination, including the Equality Act 2010 and the Employment Rights Act 1996. These laws make it unlawful for employers to discriminate against employees on the basis of certain protected characteristics, such as race, gender, disability or age. In addition, there are a number of other laws that provide protection for specific groups of employees, such as the Pregnancy and maternity leave regulations and the Working Time Regulations.

It is important for employers to be aware of these laws and to ensure that they are not discriminating against any employees on the basis of a protected characteristic. They should also put in place policies and procedures to ensure that all employees are treated fairly and equally, regardless of their protected characteristic.

While the majority of discrimination laws in the UK are aimed at protecting employees from unlawful acts of discrimination, there are also a number of laws that specifically protect certain groups of employees. These include the Pregnancy and maternity leave regulations, which aim to protect pregnant women and new mothers from being treated unfairly at work, and the Working Time Regulations, which aim to protect employees from being forced to work excessive hours.

Assignment Task 3: Understand Law In Relation To Establishment, Alteration And Termination Of Employment Contracts.

3.1 Analyse The Principles That Underpin The Law On Different Types Of Employment Contracts, Including Their Practical Significance For Organisations.

The principles which underpin the law on different types of employment contracts are:

Contract of employment is a legally binding agreement between employer and employee.

The terms of a contract of employment can be express or implied.
An express term is one that is specifically agreed between the employer and employee, either verbally or in writing.

An implied term is one that is not expressly stated but is inferred from the nature of the contract or from the conduct of the parties.

The Employment Rights Act 1996 sets out certain minimum statutory rights that apply to all employees, regardless of the terms of their contract.

The practical significance of these principles for organisations is that they need to be aware of both the express and implied terms of their employees’ contracts, and of the statutory rights that apply to all employees. This will help them to avoid any potential disputes or claims arising from the contract.

3.2 Debate The Principles Of The Law Of Wrongful, Constructive And Unfair Dismissal.

The principles of the law of wrongful, constructive and unfair dismissal are:
Wrongful dismissal occurs where an employee is dismissed in breach of their contract of employment. This may be because the employer has not followed the correct procedure, or because the reason for the dismissal is not a valid one.

Constructive dismissal occurs where an employee resigns in response to their employer’s breach of contract. This may be because the employer has changed the terms of the contract without the employee’s agreement, or because of their conduct towards the employee.

Unfair dismissal occurs where an employee is dismissed for a reason that is not fair, or is treated unfairly during the dismissal process. The Employment Rights Act 1996 sets out a list of fair reasons for dismissal, which includes redundancy, capability or qualification issues, and misconduct.

The practical significance of these principles for organisations is that they need to be aware of the potential consequences of breaching an employee’s contract, or of treating them unfairly during the dismissal process. This will help them to avoid any claims being made against them.

3.3 Examine The Test Of Reasonableness In Unfair Dismissal Law And Its Practical Implications For Organisations.

The test of reasonableness is a legal test which is used to determine whether or not an employee has been unfairly dismissed. The test is based on the principle that an employer must act reasonably in all circumstances, including when dismissing an employee. This means that the employer must have a valid reason for the dismissal, and must follow a fair procedure.

The practical implications of the test of reasonableness for organisations is that they need to be aware of the potential consequences of dismissal an employee without a valid reason, or of not following a fair procedure. This will help them to avoid any claims being made against them.

3.4 Explain The Process Of Complying With The Law On Redundancy And Transfers Of Undertakings.

The process of complying with the law on redundancy and transfers of undertakings is as follows:

The employer must consult with employees about the proposed redundancies.
The employer must select employees for redundancy fairly, using objective criteria.

The employer must offer suitable alternative employment to employees who are at risk of redundancy.

The employer must give employees the opportunity to appeal against their selection for redundancy.

The practical implications of these requirements for organisations is that they need to ensure that they consult with employees about proposed redundancies, select employees for redundancy fairly, and offer suitable alternative employment to those at risk of redundancy. This will help them to avoid any claims being made against them.

CIPD LOS01 Learning Outcome 4: Understand Compliance In Relation To Further Regulations Relevant To Major Areas Of People’s Practice.

4.1 Explain The Law On Health And Safety At Work And Personal Injury.

In the UK, the Health and Safety at Work etc. Act 1974 is the primary piece of legislation governing health and safety in the workplace. The act requires employers to take reasonable steps to ensure the health, safety and welfare of their employees, and to provide adequate information, training and supervision. It also places a general duty on employees to take care of their own health and safety, and that of other people who may be affected by their actions.

Under the act, employers must assess the risks to employees’ health and safety, and put in place appropriate controls. They must also have a written health and safety policy, which should be made available to employees. In addition, they must provide employees with adequate information and training on health and safety matters.

If an employer fails to comply with the provisions of the act, they may be liable for criminal prosecution. In addition, employees who are injured as a result of their employer’s negligence may be able to claim compensation through the civil courts.

The law on health and safety is constantly evolving, and new regulations are introduced from time to time. As such, it is important for employers to keep up to date with the latest developments.

One of the most recent pieces of legislation relevant to health and safety is the Corporate Manslaughter and Corporate Homicide Act 2007. This act makes it possible to prosecute companies and other organisations where there has been a death as a result of their failure to manage health and safety risks.

4.2 Discuss The Principles Underpinning Regulation On Hours And Wages.

There are numerous principles that underpin the regulation of hours and wages in the UK. These include the right to a minimum wage, the right to paid holidays, the right to rest breaks, and the right to work reasonable hours.

The minimum wage is perhaps the most important of these principles, as it ensures that workers are paid a fair wage for their work. The minimum wage is currently set at £6.70 per hour for workers aged 21 and over, and at £5.30 per hour for workers aged 18-20. This means that no worker should be paid less than these hourly rates, regardless of their role or hours worked.

The right to paid holidays is another important principle, as it ensures that workers are entitled to take time off work and still be paid their normal wages. Currently, all workers in the UK are entitled to 5.6 weeks of paid holiday per year (28 days for full-time workers).

The right to rest breaks is also an important principle, as it ensures that workers are entitled to take breaks from work and still be paid their normal wages. Currently, all workers in the UK are entitled to 20 minutes of break time for every 6 hours worked.

Finally, the right to work reasonable hours is an important principle, as it ensures that workers are not required to work excessive hours. The Working Time Regulations 1998 state that workers should not work more than 48 hours per week on average, and that they are entitled to rest breaks and paid holidays.

All of these principles underpin the regulation of hours and wages in the UK, and ensure that workers are treated fairly and are paid a fair wage for their work.

4.3 Explain Maternity And Parental Employment Rights, Including The Requirements Of Flexible Working Employment Legislation.

Maternity and parental employment rights are set out in the Employment Rights Act 1996, as amended by the Pregnant Workers Directive (92/85/EEC) and the Work and Families Act 2006. These rights cover things like paid time off for antenatal appointments and leave for new mothers.

The Pregnant Workers Directive requires that pregnant workers be treated the same as other workers when it comes to health and safety. This means that they should not be made to do any work that could put their health at risk.

The Work and Families Act 2006 gives parents the right to request flexible working arrangements, such as working from home or changing their hours of work. This right is open to all parents of children under the age of 16 (or 18 if the child is disabled).

There are also a number of other pieces of legislation that cover specific aspects of maternity and parental rights, such as the Equality Act 2010 and the Maternity Allowance Act 1973.

4.4 Evaluate Collective Employment Law And Regulations Relating To Confidentiality At Work.

There are a number of employment law and regulations related to confidentiality at work. These include the Data Protection Act 1998, the Human Rights Act 1998, and the Employment Relations Act 1999.
The Data Protection Act 1998 sets out specific rules about how personal data must be used and protected. This includes ensuring that personal data is only used for the purpose for which it was collected, and that it is kept secure and confidential.
The Human Rights Act 1998 gives employees the right to respect for their private and family life, home and correspondence. This includes the right to confidentiality of information relating to their personal life.
The Employment Relations Act 1999 gives employees the right to have their say in workplace matters and to be involved in decisions that affect them. This includes the right to be consulted about changes to their working conditions, and to have access to information about their employment.
These laws and regulations provide important protections for employees’ confidentiality rights. employers need to make sure they are aware of these rules and take steps to comply with them.

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