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5OS01 Assignment Example

June 26, 2024
Posted by: admin
Category: CIPD Level 5

5OS01 Specialist Employment Law explores key areas of employment legislation and its legal framework, emphasising how HR professionals must consider legal requirements in different jurisdictions while performing various aspects of their role.

Preparation for the Tasks

At the start of your assignment, you are encouraged to plan your assessment work and seek guidance and advice if you are unsure, using the Course forum or Ask the Tutor forum.

Refer to the indicative content in the unit to guide and support your evidence.
Pay attention to how your evidence is presented.
Ensure that the evidence generated for this assessment is your own work.

Case Study

Peachy Desserts Ltd is a small chain of dessert restaurants owned by sisters Charlotte and Madeleine. Since opening their first restaurant in December 2018, the business has expanded to 10 branches with 60 employees, all located within a 30-mile radius. Each branch is staffed by a manager, a supervisor, and several full-time and part-time sales assistants. Despite COVID lockdowns, the business has thrived by offering dine-in, takeaway, and home delivery services. The sisters plan to expand further by opening two new stores and acquiring Crumbly Cakes, an existing chain of two dessert parlours. All employees at Peachy Desserts Ltd and Crumbly Cakes are permanent staff, with no apprentices.

Historically, Charlotte has managed all business matters, while Madeleine has focused on developing recipes. Both sisters are increasingly concerned about potential mistakes they may have made regarding employment law. Knowing that you are studying for the CIPD Associate Diploma in People Management, they have decided to seek your advice on several matters.

Task

Assessment Questions

AC 1.1 Evaluate the aims and objectives of employment regulation

Example:

Protection of Employee Rights

Employment laws strive to ensure that employees’ rights and interests are safeguarded from exploitation by their employers (Indeed, 2023). For example, the National Minimum Wage Act of 1998 protects employees’ rights to fair wages (GOV.UK, 2011). Similarly, the Working Time Regulations of 1999 set the maximum working hours at 48 hours per week and mandate rest periods and breaks, promoting social justice, basic living standards, and work-life balance. Additionally, legislation such as the Health and Safety at Work Act (HASAWA) of 1974 ensures employee health and safety by requiring employers to provide a safe working environment (Foulis, 2023).

AC 1.2 Examine the role played by the tribunal and court system in enforcing employment law

Example:

Employment Tribunals

Employment Tribunals are independent bodies that represent the lowest level in the UK court hierarchy (Judiciary.uk, 2022). They handle employment-related disputes and claims, including cases such as age discrimination, unfair dismissal, and other discrimination claims. Employment Tribunals provide a more accessible and informal setting for individuals to obtain legally binding decisions. If parties are dissatisfied with the Employment Tribunal’s decisions, they have the option to appeal to the Employment Appeal Tribunal.

AC 1.3 Explain how cases are settled before and during legal procedures Example: Resolving Employment Disputes in the UK In the United Kingdom, disputes in employment relationships can be resolved through informal approaches before resorting to legal litigation mechanisms. This is facilitated by the Advisory, Conciliation, and Arbitration Service (ACAS) (Acas, 2022), an independent organisation that provides essential arbitration, conciliation, and advisory services to both employers and employees. ACAS aims to prevent disputes from escalating to employment tribunals, primarily through

y through early conciliation processes.And provide tailored advice for each of the following scenarios: AC 2.1 Charlotte and Madeleine are aware discrimination legislation exists. They are unsure how this might affect their approach to recruitment and selection of employees for their two new branch openings. They want to avoid dealing with retirement and do not want their business disrupted by employees taking maternity leave. To overcome this, they decide to appoint young men. Advise them on the decision of appointing young men only.Example:The Equality Act of 2010The Equality Act of 2010 is the primary legislation in the United Kingdom designed to protect employees from discrimination (GOV.UK, 2011). According to this legislation, employers are prohibited from discriminating against employees based on protected characteristics, including disability, religion, gender, marriage and civil partnership, pregnancy and maternity, age, and sex. Various forms of discrimination are recognized under the Act, such as direct discrimination, indirect discrimination, victimisation, and harassment. AC 2.2 Cat, a restaurant manager, has recently become aware that she is paid less than Kit, another manager who is male. Her salary is £28,000 a year, whereas Kit earns £30,000 a year. She asked Charlotte to increase her salary to match Kit’s, but she refused saying Kit deserved the extra money.Example:Equal Pay Obligations under the Equality A...