Fluent Essays

Tutor Support Session 5EML Tutor: Vanesa Serafini 1 Agenda Final module (UK Certificate students) Session objectives Overview of the unit Assessment criteria explained Discussion Layout and format Q&A 2 My three objectives: Understanding of key provisions of employment law Awareness of Key legislation Where to find best practice 3 What will I gain from this unit? You will be able to: Thorough understanding of employment law and how it is enforced Knowledge of best practice and legal compliance on: recruitment and selection, issues relating to pay and working management of employees within the law management of performance and disciplinary matters Awareness of the complexities of this area of the HR role Credibility as a trusted HR partner and source of sound advice Increased confidence How will I be assessed? A word document responding to the above questions containing 4500 words (+/- 10%) All reference sources should be acknowledged using Harvard-style referencing, and a bibliography provided where appropriate (these are excluded from the word count). 4 What is your view on: Main purpose of employment legislation? Pros and cons of legislation 5 Explain 3 objectives of Employment Law Social justice, employee protection, fairness, justice, implementation of government policy and / or commitment with international legal obligations (think EU), etc 1.1 Explain the aims and objectives of employment regulation It is advisable that you: Use three separate headings and paragraphs. Select three from the list above Social justice - justice in terms of the distribution of wealth, opportunities, and privileges within a society 6 Explain how employment law is enforced by the courts ET – ETA - CoA - SC You could use a flowchart to illustrate the journey of an employment tribunal claim through the courts, with a narrative to explain what happens at each stage https://www.cipd.co.uk/knowledge/fundamentals/emp-law/about/uk-court-system-factsheet 1.2 Describe the role played by the tribunal and courts system in enforcing employment law Make sure you explain the stages in your own words and do not leave a flow-chart or a graphic that you have found to answer the criterion point. https://www.cipd.co.uk/knowledge/fundamentals/emp-law/about/uk-court-system-factsheet 7 Identify and explain 2 recognised alternative ways of resolving disputes outside the courts (see below table) Explain their purpose, 2 advantages and 2 disadvantages You could Explain the role of ACAS https://www.gov.uk/solve-workplace-dispute/mediation-conciliation-and-arbitration 1.3 Explain how cases are settled before and during formal legal proceedings Dispute resolution method Purpose / key features Advantage Disadvantages Mediation Conciliation Arbitration Judicial mediation Mediation Mediation is when an independent and impartial third party discusses a problem with you and your employer (or between you and another employee) to try and find a solution. It’s often used after informal discussions have not come up with a solution. Mediation is voluntary and the mediator cannot force you or your employer to accept a solution. Both you and your employer must agree on the way to solve the dispute. Mediation should not be used to solve problems that have to be formally investigated (for example, harassment or discrimination). You can also find a mediation service. Read the Acas guide on mediation for more information. Conciliation Conciliation is similar to mediation but is normally used when: you believe you may be entitled to make a claim to an employment tribunal you have already made a claim to an employment tribunal Conciliation is voluntary - both you and your employer must agree to it before it happens. Acas can offer a free service to help to settle a claim or potential claim. Read the Acas guide on conciliation for more information. Arbitration Arbitration is when a third-party makes a firm decision on a case after considering all the issues. You and your employer must agree to an arbitrator’s decision being legally binding. If you do not agree, you can still take a case to an employment tribunal. 8 What is Discrimination? 9 Explain the key legal principles of the Equality Act in relation to recruitment, selection and employment (three separate paragraphs is recommended) Explain 2 types of discrimination direct, indirect, by association, etc You must Refer to the Equality Act 2010 throughout You could discuss examples of consequences of non-compliance tribunal, hinder organisation’s reputation, impact on employer of choice 2.1 Identify the main principles of discrimination law in recruitment and selection and in employment (all 3) 10 Explain (not just list) all 4 elements of a valid contract offer, acceptance, consideration, intention to create legal relations Offer + acceptance = agreement https://www.wrighthassall.co.uk/knowledge-base/an-enforceable-contract-the-key-elements Discuss the difference between express and implied terms Outline 5 of the mandatory express terms a contract must contain salary, starting date, hours of work, etc 2.2 Explain how contracts of employment are established 11 Changes that impact the contractual relationship between employee and employer. 12 Begin with a brief explanation of what triggers reorganisation and a need of change of contract (recession, expansion, relocation, merger, etc) Define flexibility clauses and explain their purpose Mention that they are a key feature of a lawful contractual change Discuss two alternative ways an organisation has to change contracts in the absence of flexibility clauses and the steps involved agreement, dismissal and re-engagement, forcing the change, etc You could describe their potential consequences for the organisation potential tribunal claims, disgruntled employees, low morale / productivity, etc 3.1 Describe when and how contracts can be changed lawfully 13 Identify the law relating to redundancy (Employment Rights Act 1996, Trade Union and Labour Relations Consolidation Act 1992) Briefly explain the above law’s objectives: for example, what rights do they confer on employees? What obligations on employers? Outline and explain all steps for a lawful redundancy (ACAS) Briefly discuss the consequences for the organisation of not following these steps tribunal claims, negative impact on morale, staff turnover, etc You may wish to explore the ACAS website for this section. 3.2 Explain the main requirements of redundancy law 14 Identify what pieces of legislation regulate TUPE TUPE Act, ERA 1996, TULRCA 1992 etc Explain the objectives of the legislation in this area i.e protection of the rights of employees You could include a brief explanation of the situations where TUPE applies i.e. when transferring to a new employer under TUPE Outline and describe the full process an organisation should follow for a successful TUPE transfer (ACAS) DO NOT LEAVE A REFERENCED FLOWCHART TO ANSWER THE QUESTION 3.3 Explain the main requirements of the law on business transfers 15 What rights have you got at work? 16 Identify and explain these 3 categories of rights with one example of each, illustrate with statute or case law 4.1 Identify the major statutory rights employees have regarding of pay, leave and working time (all 3) Category Example Relevant Act Case Law Example Pay National Minimum Wage National Minimum Wage Act (1998) Focus Care Agency Ltd v Roberts (2016) Leave Annual Leave Working Time Regulations (1998) Plumb v Duncan Print Group Ltd (2015) Working Time Average working hours Working Time Regulations (1998) Federacion de Servicios Privados v Tyco (2015) 17 Identify and explain the law relevant to equal pay - the Equality Act 2010. You must provide a discussion on gender pay reporting. You could briefly discuss how Equal Pay obligations are complied with in your organisation (Policies and procedures, pay reviews, linking pay with performance, constantly reviewing pay structures, etc.) http://www.acas.org.uk/index.aspx?articleid=5768 https://www.equalityhumanrights.com/en/advice-and-guidance/how-implement-equal-pay https://www.equalityhumanrights.com/en/multipage-guide/equal-pay-audit-larger-organisations 4.2 Explain the major requirements of equal pay law 18 Identify and explain relevant pieces of legislation (minimum of 2 OVERALL) relating to all 3 rights: Maternity Paternity and Family friendly rights You could include: What is the objective of the legislation? What does it cover / protect? 4.3 Explain major maternity, paternity and other family-friendly employment rights (all 3) 19 Identify the principles of health and safety law and employee health and well-being; You must make reference to the HASAWA 1974, and could include: What are the employers’ duties under the Act? the relationships between line managers and employees whether employees are involved in organisational issues and decisions job design availability and acceptability of flexible working awareness of occupational health issues. 5.1 Identify the major requirements of health and safety law 20 Explain the concept of the duty of trust and confidence cooperation, fidelity, respect, fair treatment, etc Identify whether it is an express or implied term of the employment contract Identify the consequences of breach, for example, the employee may resign and claim constructive dismissal, low morale, legal fees involved, etc Describe briefly how the organisation AND the individual can resolve issues which may amount to a breach of this term organisation => promote open communication, address allegations straight away, up to date and fair policies. employee => follow grievance procedure if an issue arises, cooperate with employer Explain the concept of constructive dismissal is (ACAS) 5.2 Explain the significance of implied duties regarding the management of employees at work 21 Briefly explain freedom of association and how it is protected by law: Human Rights Act 1998 http://www.acas.org.uk/index.aspx?articleid=4898 https://www.cipd.co.uk/knowledge/fundamentals/relations/employees/trade-unions-questions Briefly Summarise Article 11 (of the Human Rights Act 1998) Mention the rights of employees to join, or not join, Trade Unions 5.3 Explain the principles of the law on freedom of association 22 Distinguish between capability and misconduct issues (ACAS) Outline and explain the process to be followed when addressing misconduct (from suspension all the way through appeals) Outline and explain the process to be followed when addressing capability (improvement note, coaching and mentoring, training, performance appraisals, action short of dismissal (a last resort)) Outline all 5 fair reasons for dismissal and the relevant legislation ERA 1996 You could refer to the ACAS Code of Practice and provide an explanation of when summary dismissal is and is not lawful. 6.1 Explain the main requirements of unfair dismissal law in respect of capability and misconduct issues 23 Explain the importance of the right to be accompanied Explain who can be a companion Explain the role of the accompanying person – what are they allowed to do? What can they not do? 6.2 Explain the scope of the right for employees to be accompanied at serious discipline and grievance hearings 24 Do’s and don'ts All concepts and explanations must be in your own words and referenced if secondary sources were used. Do not use direct quotes. 4500 words +/-10% Make sure you are thorough Illustrate with examples of your organisation or one you know well Reference legislation, write the full name of the act and the year Don’t leave it until the last minute, it is a long assignment! Format & Submission Word document with headings and subheadings of each assessment criterion you are addressing Arial size 12 preferred. Single line spacing Keep the number of documents to a minimum Diagrams and Tables should be numbered e.g.; (fig 1) Explain Appendices in your narrative Use Reference guides and tools A Bibliography is to show your wider reading 26 Thank You 27