5EML Employment Law

5EML Employment Law

In terms of the unit content, six primary areas can be assessed. In addition, each of the study topics has a specific set of assessment questions.

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Question 1: These sections test the students’ understanding of employment regulations and the legal system.

  • Describe the objectives and aims of employment laws and regulations

Students must explain at least three objectives of employment law. There should be three different subtopics or paragraphs for the explanations. Answers should be selected from the following primary objectives: justice, compliance with international regulations, fairness, employee protection, delivery of government policies, and meeting socioeconomic objectives.

  • In what ways are the employment tribunal and the court system used to enforce employment law?

The student must describe how the courts enforce employment law by applying the law in their rulings. It is possible to answer this question as a flow chart that demonstrates the hierarchy of the courts, starting from the tribunal and going all the way to the supreme court. The student should explain what happens at each stage of the hierarchy.

  • Examine ways of resolving disputes before and after formal legal procedures

This question serves as a test of the student’s understanding of the alternative dispute resolution process. During and after the tribunal, the student should discuss at least three dispute resolution methods. The methods include, but are not limited to, reconciliation, mediation, and arbitration.

Question 2: This section tests the student’s understanding of proper recruitment procedures.

  • Describe the principle of discrimination law during recruitment, selection, and employment.

The student should identify the three principles of discrimination law and provide examples for each. Students who reference the Equality Act 2010 will earn additional points. Nevertheless, several discrimination types and case laws relevant to each type are highly recommended to demonstrate an awareness of discrimination law.

Question 3: This section tests the learners’ understanding of lawful change management and reorganisation.

  • Describe the main requirements of redundancy law and how contracts of employment are created

When answering this question, the learner should explain how to alter employment contracts, manage redundancies, and address transfers. The question consists of two parts that must be answered in two different paragraphs: Four primary components of employment contracts must be discussed. In creating employment contracts, students should make sure that they describe offers, acceptance, the intention to create legal regulation, and consideration. Further, it should explain the differences between implied and express terms in a contract, for instance, salary, job title, hours of work, holidays, notice periods, and pensions.

For the redundancy law section, students should refer to the Employment Rights Act 1996 and the Trade Union and Labour Relations Consolidation Act 1992. Redundancy must be conducted correctly, and the consequences of not following the right procedure must be explained.

Question 4: This section focuses on organisational change and statutory requirements.

  • Discuss the statutory requirements for business transfers

Describe how Transfer of Undertakings Protection of Employment 1996 relates to this question. In the student’s explanation of successful transfer, the student should acknowledge the challenges that require legal advice from the HR profession.

  • Explain the main rights of employees under employment law.

For example, employee rights may include equal pay, maternity and paternity leave, and flexible working hours. Students should illustrate each right with a relevant law to earn more points. The Working Time Regulation of 1998 and the Health and Safety Act of 1974, for instance, contains provisions regarding working hours and rest periods and night work. In addition, the student should describe the essential requirement of each law discussed above, highlighting those sections that line managers should be aware of. Finally, students should explain the penalty for breaching each employee rights stipulated by law to earn more points.

Question 5: The questions in this section are based on safety and health regulations, implied duties of employment contracts, and freedom of association. You might be asked:

  • According to the health and safety laws, what are the primary requirements?

Referring to the Health and Safety at Work Act of 1974, learners should identify principles guiding both employers and employees concerning health and safety issues at work.

  • Explain the significance of implied duties regarding the management of employees.

The student should explain the implied terms, i.e. trust and confidence, and the consequences of breach for the employer. In the explanation, the learner should list both employer and employee options. For example, employers may address the allegations, while employees may resign and claim constructive dismissal.

  • Explain the principles of law concerning freedom of association

Article 11 of the human rights act of 1998, titled freedom of association, should be consulted in answering this question. Students should elaborate on this article highlighting employee rights under union membership.

Question 6: These questions examine the students’ understanding of the statutory grievance handling procedure and disciplinary action.

  • What are the essential components of unfair dismissal law about capability and misconduct?

In response to this question, the student should explain the process of dealing with misconduct issues. Suspension, hearings, evidence, and appeals must all be part of the process. In addition to stating the reasons for the fair dismissal, the learner should also cite the Employment Rights Act 1996.

  • Discuss the scope of the right to be accompanied during severe discipline and grievance hearings

Employees have the right to be accompanied to a grievance hearing. The person accompanying the employee also has a role to play at the hearing. The student must substantiate his answer with valid reasons why the employee must be accompanied during the hearing.

At the end of the assessment, learners will have a comprehensive understanding of the purpose of employment regulations and their practical application in the workplace.

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