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INTERMEDIATE HRM/HRD ASSESSMENT Employment Law (5E Assignment Help

INTERMEDIATE HRM/HRD ASSESSMENT Employment Law (5EML) Ref No 5EML IHR110001 (QCF) Version 1.0 September 2015 Student name: INTERMEDIATE HRM/HRD ASSESSMENT Employment Law (5EML) Ref No 5EML IHR110001 (QCF) Version 1.0 September 2015 Student name: INTERMEDIATE HRM/HRD ASSESSMENT Employment Law (5EML) Ref No 5EML IHR110001 (QCF) Version 1.0 September 2015 Student name: CRITERIA MET/ NOT YET MET COMMENTS COMMENTS LO1: Understand the purpose of employment regulation and the way it is enforced in practice. LO1: Understand the purpose of employment regulation and the way it is enforced in practice. LO1: Understand the purpose of employment regulation and the way it is enforced in practice. LO1: Understand the purpose of employment regulation and the way it is enforced in practice. 1.1 Explain the aims and objectives of employment regulation. Action need to talk about such purposes social justice, creating a level playing field etc Action need to talk about such purposes social justice, creating a level playing field etc 1.2 Describe the role played by the tribunal and courts system in enforcing employment law in the UK 1.3 Explain how cases are settled before and during formal legal procedures. Action explaining settlement agreements, mediation and understanding of ACAS role in conciliation Action explaining settlement agreements, mediation and understanding of ACAS role in conciliation LO2: Know how to manage recruitment and selection activities lawfully. LO2: Know how to manage recruitment and selection activities lawfully. LO2: Know how to manage recruitment and selection activities lawfully. LO2: Know how to manage recruitment and selection activities lawfully. 2.1 Identify the main principles of discrimination law in recruitment and selection and in employment. 2.2 Explain how contracts of employment are established. Action explain about offer and acceptance, express and implied terms etc Action explain about offer and acceptance, express and implied terms etc LO3: Know how to manage change and reorganisation lawfully. LO3: Know how to manage change and reorganisation lawfully. LO3: Know how to manage change and reorganisation lawfully. LO3: Know how to manage change and reorganisation lawfully. 3.1 Describe when and how contracts can be changed lawfully. The importance of consultation should be more fully stressed. The importance of consultation should be more fully stressed. 3.2 Explain the main requirements of redundancy law. Action explain the actual law on redundancy Action explain the actual law on redundancy 3.3 Explain the main requirements of the law on business transfers. The TUPE regulations are what you need to address. The TUPE regulations are what you need to address. LO4: Know how to manage issues relating to pay and working time lawfully. LO4: Know how to manage issues relating to pay and working time lawfully. LO4: Know how to manage issues relating to pay and working time lawfully. LO4: Know how to manage issues relating to pay and working time lawfully. 4.1 Identify the major statutory rights workers have in the fields of pay, leave and working time. holidays should be covered also holidays should be covered also 4.2 Explain the major requirements of equal pay law. Good explanation of the essential requirements of equal pay Good explanation of the essential requirements of equal pay 4.3 Explain major maternity, paternity and other family-friendly employment rights. LO5: Be able to ensure that staff are treated lawfully when they are at work. LO5: Be able to ensure that staff are treated lawfully when they are at work. LO5: Be able to ensure that staff are treated lawfully when they are at work. LO5: Be able to ensure that staff are treated lawfully when they are at work. 5.1 Identify the major requirements of health and safety law. 5.2 Explain the significance of implied duties as regards the management of employees at work. Explain What are the implied duties  in this case and what claims might the employee be able to pursue Explain What are the implied duties  in this case and what claims might the employee be able to pursue 5.3 Explain the principles of the law on freedom of association. LO6: Know how to manage performance and disciplinary matters lawfully. LO6: Know how to manage performance and disciplinary matters lawfully. LO6: Know how to manage performance and disciplinary matters lawfully. LO6: Know how to manage performance and disciplinary matters lawfully. 6.1 Explain the main requirements of unfair dismissal law in respect of capability and misconduct issues. Action you need to explain the difference between capability and conduct and relate it to the drug-taking scenario Action you need to explain the difference between capability and conduct and relate it to the drug-taking scenario 6.2 Explain the scope of the right for employees to be accompanied at serious discipline and grievance hearings.ASSESSMENT OUTCOME Title of unit/s Employment Law Employment Law Unit No/s 5EML 5EML Level 5 5 Credit value 6 6 Assessment method(s) Written answers to questions Written answers to questions Learning outcomes: 1 Understand the purpose of employment regulation and the way it is enforced in practice. 2 Know how to manage recruitment and selection activities lawfully. 3 Know how to manage change and reorganisation lawfully. 4 Know how to manage issues relating to pay and working time lawfully. 5 Be able to ensure that staff are treated lawfully when they are at work. 6 Know how to manage performance and disciplinary matters lawfully. Learning outcomes: 1 Understand the purpose of employment regulation and the way it is enforced in practice. 2 Know how to manage recruitment and selection activities lawfully. 3 Know how to manage change and reorganisation lawfully. 4 Know how to manage issues relating to pay and working time lawfully. 5 Be able to ensure that staff are treated lawfully when they are at work. 6 Know how to manage performance and disciplinary matters lawfully. Learning outcomes: 1 Understand the purpose of employment regulation and the way it is enforced in practice. 2 Know how to manage recruitment and selection activities lawfully. 3 Know how to manage change and reorganisation lawfully. 4 Know how to manage issues relating to pay and working time lawfully. 5 Be able to ensure that staff are treated lawfully when they are at work. 6 Know how to manage performance and disciplinary matters lawfully. Assessment brief/activity You are required to provide written answers to each of the six activities below:1. Explain the purpose of employment law and how it is enforced. Briefly describe the role played by the tribunal and courts system in enforcing employment law. Include how cases are settled before and during formal legal procedures.2. You are asked to develop a training session for line managers with the title managing recruitment, selection and appointments lawfully . Outline the key points you would include in your presentation and why. Provide an example to illustrate your key points.3. Your organisation is planning a major reorganisation that will involve relocating some people to other sites and outsourcing a major function to a sub-contractor. You should summarise the major ways the law protects employees in such situations.4. You are asked to summarise for managers the key issues they need to consider to manage pay, leave and working time lawfully. Ensure you include the major statutory rights, equal pay, and maternity, paternity and other family-friendly employment rights.5. An employee makes a formal complaint about serious bullying at work. He alleges it is due to his refusal to join a trade union. The bullying has been sufficiently severe to require the employee to seek medical help and is taking medication to help him recover.Explain the grounds and case this employee might be able to bring against the organisation.6. You work for a small organisation which has never had to take formal disciplinary action against an employee before. A long-standing employee is now suspected of coming to work while under the influence of illegal drugs. Summarise what steps need to be taken and why if the organisation is to minimise the chances of having to defend the case in an employment tribunal. Assessment brief/activity You are required to provide written answers to each of the six activities below:1. Explain the purpose of employment law and how it is enforced. Briefly describe the role played by the tribunal and courts system in enforcing employment law. Include how cases are settled before and during formal legal procedures.2. You are asked to develop a training session for line managers with the title managing recruitment, selection and appointments lawfully . Outline the key points you would include in your presentation and why. Provide an example to illustrate your key points.3. Your organisation is planning a major reorganisation that will involve relocating some people to other sites and outsourcing a major function to a sub-contractor. You should summarise the major ways the law protects employees in such situations.4. You are asked to summarise for managers the key issues they need to consider to manage pay, leave and working time lawfully. Ensure you include the major statutory rights, equal pay, and maternity, paternity and other family-friendly employment rights.5. An employee makes a formal complaint about serious bullying at work. He alleges it is due to his refusal to join a trade union. The bullying has been sufficiently severe to require the employee to seek medical help and is taking medication to help him recover.Explain the grounds and case this employee might be able to bring against the organisation.6. You work for a small organisation which has never had to take formal disciplinary action against an employee before. A long-standing employee is now suspected of coming to work while under the influence of illegal drugs. Summarise what steps need to be taken and why if the organisation is to minimise the chances of having to defend the case in an employment tribunal. Assessment Criteria 1.1, 1.2, 1.32.1, 2.2 3.1, 3.2, 3.3 4.1, 4.2, 4.3 5.1, 5.2, 5.3 6.1, 6.2 Evidence to be produced/required Written answers for each of the six activities of approximately 3,300 to 3,600 words in total (divided appropriately across the six activities). You should relate academic concepts, theories and professional practice to the way organisations operate, in a critical and informed way, and with reference to key texts, articles and other publications and by using organisational examples for illustration. All reference sources should be acknowledged correctly and a bibliography provided where appropriate (these should be excluded from the word count). Evidence to be produced/required Written answers for each of the six activities of approximately 3,300 to 3,600 words in total (divided appropriately across the six activities). You should relate academic concepts, theories and professional practice to the way organisations operate, in a critical and informed way, and with reference to key texts, articles and other publications and by using organisational examples for illustration. All reference sources should be acknowledged correctly and a bibliography provided where appropriate (these should be excluded from the word count). Evidence to be produced/required Written answers for each of the six activities of approximately 3,300 to 3,600 words in total (divided appropriately across the six activities). You should relate academic concepts, theories and professional practice to the way organisations operate, in a critical and informed way, and with reference to key texts, articles and other publications and by using organisational examples for illustration. All reference sources should be acknowledged correctly and a bibliography provided where appropriate (these should be excluded from the word count). Assessment Bank HR Intermediate Level Version 1.0 September 2015 Use this section for help on the assignment. 1 Understand the purpose of employment regulation and the way it is enforced in practice 1.1 Explain the aims and objectives of employment regulation Employment legislation provides protection for employees within employment. It ensures: Social justice, in that it provides protection for the low paid (e.g. minimum wage), equality of opportunity (e.g. for all protected characteristics set out in the Equality Act 2010), and basic employment rights (e.g. statutory sickness / parental leave, right not to be unfairly dismissed) Fairness in the workplace through ensuring consistency in terms of decisions related to recruitment, selection, training, development, pay, reward, employee relations, and performance management However, employment legislation does not necessarily just provide protection rights to employees. It could be argued that employment legislation provides the following benefits for employers: Consistency in decision-making ensure higher levels of motivation and commitment Increased stability through formalised approaches to dismissal A level playing field all organisations are regulated, which helps reduce the potential for unethical practices that give individuals & organisations an unfair advantage Enhanced performance and engagement levels of staff through providing a framework to improve performance and provide flexible / work-life balance which can energise workers and enhance engagement Reduction of incidents and bad publicity (e.g. health and safety regulations preventing accidents, regulations preventing child / slave labour) Wider pool of talent immigrants are more likely to want to enter a labour market that has regulatory protection. The role of the government is to balance the needs of employees (requiring regulatory protection), employers (wishing to reduce costs and bureaucracy to remain competitive) and the need of industry as a whole ( Britain plc ) to attract foreign direct investment and provide an environment that attracts overseas talent and retain national talent. In essence the government is constantly balancing the needs of: the Confederation of British Industry (CBI) / Chambers of Commerce (representing business interests); the Trade Union Congress (TUC) umbrella body for trade unions (representing employees); and various other interested bodies & pressure groups on a particular issue (e.g. Equality and Human Rights Commission). In addition, to add to the complexity, the fact that a great deal of legislation emanates from EU political institutions (in which Britain is an active member), there is also need to take into account European wide pressure and action groups (e.g. ETUC). 1.2 Describe the role played by the tribunal and courts system in enforcing employment law UK employment legislation can emanate from: (1) European Union, (2) British Government (through an Act of Parliament), (3) Case Law (decisions made within the court / employment tribunal system). A great deal of the UK regulatory system is in the form of Acts (Statutes). These are enacted in Parliament following debate and consultation with key stakeholders. Acts of Parliament set out the key legislative principles and arise following discussion, debate, revision and voting in both the House of Commons and House of Lords. Before a proposal is voted on and enacted, it is discussed and debated in the form of a bill, with White Papers providing a broad overview of government policy and Green Papers setting out more details to be discussed. This bill will provide a draft format of the proposal to enable all key stakeholders (interested parties, pressure groups, relevant bodies, committees) to discuss the content of the bill. Following consultation a final draft of the Bill is presented to Parliament, by the relevant Minister (depending on the type of employment law usually the Secretary of State / Minister for Department for Business, Innovation and Skills or Department for Work and Pensions). Bills need to be approved within both the House of Commons and the House of Lords. A bill will undergo the following journey in both Houses (it can start off in either House first): First reading presentation of the bill with a date set for the second reading (no debate is undertaken at this stage). Second reading debate on the general principles (rather than the details) and potential amendments required of the Bill. Votes are taken on whether to proceed with the Bill or make amendments or revisions. Committee Stage once the Bill has passed the second reading an appointed Standing Committee reflecting representative party membership of Parliament will scrutinise the Bill in detail. Report Stage the amended draft returns to be debated further in both Houses. A further vote is undertaken at this stage with necessary amendments made as required Third Reading the finalised Bill is presented and voted within both Houses. Whichever House votes first it is then passed on to the other. If is not passed by both Houses or if any amendments are suggested, the Bill can ping pong back and forth until agreement is finally reached. The exceptions to this rule occurs if (1) sections of the Bill were pledged within a general election manifesto; (2) if the Bill has been passed by the House of Commons twice in two successive sessions, provided a full year has elapsed between its second reading in the House of Commons and its final passing; or (3) if the Bill is related to financial / taxation issues. Royal Assent and enactment the Monarch must provide formal approval (conventionally a formality). Employment related acts normally come into force in April or October. Whilst acts of Parliament are examples of primary legislation, delegated legislation in the form of statutory instruments are classed as secondary legislation in that ministers can use their power to enact further additional regulations and orders (waiting 40 days to see if the issue needs to be debated) which are related to Parent Acts that have been voted within Parliament. The majority of European Union law is implemented in this way within the UK (e.g. Working Time Regulations 1998). However, although the UK can still enact legislation it is within the confines of the European Union (EU) that the majority of employment and social policy legislation is enacted. As a member of the EU, the UK must comply with European Union wide legislation. European Union law is enacted through a combination of regulations and directives. Although the Scottish Parliament and the Welsh and Northern Ireland Assemblies have the power to legislate in defined areas this right does not extend to employment law in Scotland or in Wales. Northern Ireland has some devolved powers within this area (e.g. discipline and dismissal). In addition to laws made within Parliament, the judiciary (courts and employment tribunals) can make judgements and interpretations on the law. In fact, within employment legislation there are instances of judge-made law (common law), which has evolved and continues to evolve over time. Decisions made in higher level courts are cascaded down to courts at the lowest level (e.g. employment tribunals). Once a decision on a case has been made this sets a precedent for future decisions. An example of common law is the integration of implied terms into a contract of employment (see learning outcome 2 for more details). Employees who feel that they have been treated unfairly or that contractual terms and conditions have been breached can either seek redress for: Unfair dismissal through the Employment Tribunal System. This occurs when employees* have over 2 years continuous service (in most cases) and feel that the reasons they have been dismissed are not reasonable, cannot be justified or processes & procedures were not adhered to consistently and / or fairly. Two years service is not required if the dismissal is due to reasons related to: (1) trade union membership/activities; (2) pregnancy, maternity, paternity, adoption or parent leave; (3) asserting a statutory right; (4) national minimum wage; (5) working time regulations; (6) discrimination. Wrongful dismissal through the civil courts system. This occurs when an employee has the belief that the employer has breached a contractual term or condition e.g. non-payment of contractual notice period * Those with employee shareholder status do not have the right to claim unfair dismissal (unless discriminatory or trade union reasons), redundancy, right to work flexibly and right to request training. Employment legislation is dynamic, fluid and ever changing in that once decisions have been made this is more or less enacted into case law. Effective HR / L&D practitioners need to be aware of the need to constantly update their knowledge and awareness of these cases. Relying on knowledge of statute alone will not be sufficient. Parliament debates and enacts legislation however, it is the interpretation of these within the courts and tribunals system which sets precedents that provide vital information and guidance for future decision-making. The British justice system enables employees & workers to appeal against decisions. For unfair dismissal cases appeals can be made to an Employment Appeals Tribunal. Further appeals can be made to the highest appeals court in the UK, known as the Supreme Court, and then finally to the higher European Court known as the European Court of Justice. 1.3 Explain how cases are settled before and during formal legal procedures The government and employers fully recognise the need to settle cases before and during formal legal procedures. It is in the in the interest for all parties that disputes are resolved in order to enhance efficiency and productivity. All parties are encouraged to attempt to resolve cases, particularly with the help of ACAS. This would be in the organisation s interests in terms of saving on costs, time, resources and adverse publicity. In fact the Enterprise and Regulatory Reform Act 2013 stipulates that all potential employment tribunal claims must be lodged with ACAS before an employment tribunal claim is made Before looking at how cases can be settled it is useful firstly to determine how they arise. The employment relationship between employer and employees is governed by the law of contract. Like other forms of contract law disputes can be settled within the civil courts. The civil courts will tend to hear cases relating to a breach of contractual terms and conditions, wrongful dismissal, accidents at work, litigation cases and restrictive covenants. However, in many cases where there is legislation in place, employment tribunals provide a mechanism for employees to raise unfair dismissal, discrimination, equal pay claims, and, in some cases, breach of contractual issues in terms of their employment. Employment tribunals, which arose following the 1971 Industrial Relations Act, aim to provide a less formal system (than the civil courts) to resolve employment disputes. However, the increasing use of solicitors and legal experts has diminished some of this informality. Decisions at Employment Tribunals are made by a legally qualified judge (who may sit alone in less complex cases), and in order to provide balance and objectivity one lay member from an employee-oriented background (e.g. trade union) and one lay member from an employer-oriented background (e.g. employer association). In some cases judges can hear cases without lay members. Employees (or ex-employees) making the claim are known as claimants, whereas employers defending claims are known as respondents. Under the Enterprise and Regulatory Reform Act 2013 the process starts with all potential employment tribunal claims lodged with ACAS before an employment tribunal claim is made. ACAS will then contact the claimant, and subsequently the respondent (employer), to discuss the possibility of a settlement. If a settlement is not agreed or if the parties refuse to get involved in discussions, the claimant can make the claim through an ET1 form which is submitted to the employment tribunal. In order to make the claim the claimant needs to ensure (1) they are within strict time limits (normally within 3 months of the event occurring redundancy and equal pay is 6 months); (2) they have highlighted the reasons for making the claim; (3) they have exhausted all internal organisational procedures (e.g. undergone an appeal process); (4) they have adhered to the ACAS Code of Practice on discipline and grievance procedures (see learning outcome 6). Using an ET3 form enables the employer (respondent) to respond to the claim (within 28 days in order to avoid a default judgement being made). On the whole claimants are required to pay employment tribunal fees based on the complexity of the case, as follows: Type A claims: unpaid wages, holiday pay and redundancy payments Type B claims: unfair dismissal, discrimination and equal pay In addition an Employment Judge can make a deposit order if he / she thinks the claimant has provided a weak claim. Further details can be gained from the Gov UK site (click here). Once the respondent completes and sends the ET3, the employment tribunal will: (1) continuously provide date(s) of the types of hearing (see below); (2) provide directions on evidence required (e.g. written witness statements, letters, contract of employment, emails); (3) set deadline dates for both respondents and claimants to exchange documentation; (4) provide directions on numbers and bundling the documentation / evidence; (5) ask for details of representatives, if any (e.g. solicitors, trade union, HR) Hearings directed by the employment tribunal may be: (1) case management discussion to determine requirements in order to proceed to a full hearing; (2) pre-hearing review to determine and finalise issues before the final hearing; (3) full hearing. Settlement agreements (which replaced compromise agreements) enable employees to provide broad reasons to employers for leaving the organisation in exchange for a financial settlement, without the issue being taken further at an employment tribunal. However, this option is not open when the following issues are involved: automatically unfair reasons for dismissal e.g. trade union membership discrimination harassment victimisation breach of contract or wrongful dismissal For the ACAS (2013) Code of practice and a guide on settlement agreements (click here). At the hearing the employment judge: (1) sets out the key issues; (2) asks both parties to state their case; (3) asks witnesses to take an oath or swear on a holy book before reading out their witness statement and answering questions; (4) invites parties (and / or representatives) to cross examine witnesses and each other; (5) asks for clarification on issues (along with lay members); (6) asks parties to sum up their case; (7) adjourns the meeting (can happen at various times) in order to make a decision (along with the lay members). Types of decisions (judgement) made can include: reinstatement (return back to same role); re-engagement (return back to organisation but different role); compensation; or payment of contractual monetary value owed Different rights apply for employee shareholders (click here) 2 Know how to manage recruitment and selection activities lawfully 2.1 Identify the main principles of discrimination law in recruitment and selection and in employment All those involved in the recruitment and selection process need to have in-depth knowledge of the legal requirements and an understanding of why these must be adhered to in terms of enhancing effectiveness of decision-making and the employer brand. A key issue within recruitment and selection is the law relating to discrimination. Anti-discrimination legislation is now consolidated within the Equality Act 2010 (click here). The purpose of this legislation is to ensure that discrimination on 9 protected practices is outlawed throughout employment (including recruitment, access to training, pay, performance, etc.). The 9 protected characteristics are: age disability gender reassignment marriage and civil partnership pregnancy and maternity race religion or belief sex sexual orientation The Equality Act (2010) ensures that UK anti-discrimination law is in compliance with European Union directives. The aims of the Equality Act are to: (1) consolidate the previous statutes and common law into one single Act; (2) up-date legislation based on case law; and (3) enhance progress on equality of opportunity and outcome (e.g. pay). Types of discrimination include: Direct discrimination individual treated less favourably than another person e.g. specifying only younger workers are needed without any justification Indirect discrimination an unnecessary requirement put in place that disproportionately discriminates against a group within one of the protected characteristics e.g. a job requirement that states an individual must have 10 years continuous experience (for a lower level role) may have a disproportionate impact in terms of age and sex (e.g. women more likely to take time away from the workplace) Associative Discrimination discrimination on the basis of an individual s association with somebody with a protected characteristic (e.g. an individual of a particular sexual orientation) Perception Discrimination discrimination due to a perception that an individual may possess one of the protected characteristics (e.g. a heterosexual individual perceived as being homosexual) The law has provided tougher enforcement in terms of the use of pre-employment questionnaires that are now outlawed, unless used for the purpose of determining interview arrangements, monitoring, and / or undertaking positive action. In terms of the recruitment and selection process all documentation can be viewed by the candidates and discrimination claims can be made to employment tribunals up to 3 months after the selection process. Key areas of the recruitment and selection process where discrimination could occur include: Recruitment documentation for example job descriptions, person specifications or adverts stating length of unwarranted continuous service (e.g. over 5 years for lower level skilled positions) may discriminate against women (who are more likely to take time out of the workplace) and younger workers. Applications for example websites / application forms that are not accessible to people with certain disabilities or forms / websites asking for medical / health history to aid decision-making. Shortlisting / selection assessment arrangements for example organising interview rooms that may not be accessible to all individuals.

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