5OS01 Specialist Employment Law
This course examines the fundamental principles of employment law and its legal framework, focusing on how people professionals are required to consider legal requirements in various jurisdictions when performing various aspects of their jobs.
You will learn
You’ll learn about the aim of employment regulation and how it’s enforced in the real world. You’ll assess the goals and objectives, the tribunal’s and courts’ roles in enforcing employment legislation, and how disputes are resolved before and after legal proceedings. You’ll learn about the key concepts of discrimination legislation, how to legally manage recruitment and selection activities, and redundancy law and contract amendments. Finally, you’ll discover how to handle wage and working time difficulties in a legal manner and employment rights for flexible working.
The unit is suitable for people who.
This unit is mostly concerned with HR principles. Therefore, individuals who are currently employed in HR or have a strong desire to pursue a career in People Management are the best candidates for the course. The CIPD, on the other hand, offers inclusivity, allowing persons without an HR experience to apply for Associate Level 5 Diplomas in people management and learning and development. They will be able to take on managerial roles in various organizations due to this opportunity.
Learning Outcomes
| 1st Learning Objective | Students must show that they understand the importance of labour rules and regulations and how to implement them in the workplace. The following methods are used to attain this learning outcome: | 1. A learner must be able to evaluate the purposes and objectives of labour laws. Students who address their roles in campaigning for inclusiveness, social justice, and equity in professional practice, for example, will have met the criteria. 2. Students must evaluate the role of judicial institutions in implementing employment legislation during courses and assignments. For example, various institutions have distinct jurisdictions regarding employment regulations; thus, students must understand the hierarchical nature of courts and the enforcement levels at each rank. 3. All entries must clarify how cases are resolved both within and outside of the legal framework and legal process, according to the CIPD. These include descriptions of the tribunal system, various organizations’ functions, the components and essential words associated with settlement agreements, and the value of independent legal advice. |
| 2nd Learning Objective | The second need is the legal application of employment standards in managing recruiting and selection within organizations. Finally, students must be able to do the following tasks: | 1. Examining components of the anti-discrimination statute and their implications for employment, selection, and recruitment. In addition, course participants must discuss various forms of discrimination, harassment, and other forms of workplace maltreatment and the appropriate countermeasures. 2. Dealing with the legal foundations of equal pay. Students can learn about significant allegations, countermeasures to rebut equal pay claims, tactics for minimizing equal pay concerns, and internal assessments to prevent future claims. |
| 3rd Learning Objective | The ability to legally manage change and shifting structures is the third prerequisite. This result can only be achieved if a student: | 1. Discusses legal change procedures, such as consulting stakeholders, requesting consent, enacting change across the board, discarding required adjustments, and beginning the consultation process. In addition, contract breaches and redundancies are part of the modifications. As a result, students must consider all legal ramifications. 2. Provides detailed discussions of the legal ramifications of transferring commitments and agreements to different parties. Compliance with employment legislation, the collective rights of concerned parties to consultation and information, and the measures taken when a significant breach are all legal responsibilities. |
| 4th Learning Objective | Students must demonstrate sufficient knowledge by the conclusion of the course to demonstrate their comprehension of the management of working hours and salaries. Evidence of their knowledge must be presented in the following ways: | 1. Clear explanations of workers’ rights in terms of pay and working hours and wage regulations that link pay to hours worked. In this section, learners must identify the link between pay suggestions and employee feedback to support proper management and HR activities. 2. Legislative explanations affect wage rates even during holidays. Therefore, learners must connect legal frameworks, wage rate calculations with leave rights, normal and sick leave payment standards, maximum daily work hours, and minimum rest time. 3. Examining the fundamentals of employment rights such as paternity and maternity leave. Students must explain their wage entitlement and the standards that determine qualification during such leave from work. 4. Explanations of workers’ rights in terms of workplace flexibility. Workers may seek time off during official and religious holidays, for example, when they must deal with their responsibilities. As a result, students must also clarify their payment rights during these times. |
What are the requirements for entry?
The only qualification for the course is that you know how to communicate in English, which is helpful to English-speaking countries. Applicants who do not speak English as a first language are still eligible to apply. However, they need to have proficiency qualifications, such as the IELTS, to show the CIPD foundation that they can understand English-based courses and assignments. Another unspoken prerequisite is the determination to complete all of the CIPD’s learning requirements, which will enable applicants to work in HR in official positions.
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Reference
ACAS (Advisory, Conciliation and Arbitration Service). (n.d) Available at: www.acas.org.uk
Aylott, E. (2018) Employment law: a practical introduction. 2nd ed. London CIPD Kogan Page.
CIPD’s Knowledge Hub. (n.d.) Available at: www.cipd.co.uk/knowledge
Cushway, B. (2017) The employer’s handbook: an essential guide to employment law, personnel policies and procedures. 13th ed. London: Kogan Page.
Daniels, K. (2019) Introduction to employment law: fundamentals for HR and business students. 5th ed. London: CIPD Kogan Page.
Embleton, S. (2012) 5 rules for carrying out fair investigations. Employers’ Law. September. pp14-15.
Employment law. London: Chartered Institute of Personnel and Development. Available at: www.cipd.co.uk/knowledge/practicalguidance-a-z/employment-law-resources
Honeyball, S. (2016) Honeyball and Bowers’ textbook on employment law. 14th ed. Oxford: Oxford University Press.
IDS (2011) Forming a contract of employment. IDS Employment Law Brief. No 924, May. pp15-19.
IDS (2014). Mandatory equal pay audits. IDS Employment Law Brief. No 1006, October. pp15-19.
IDS (2014) TUPE changes: what you need to know. IDS Employment Law Brief. No 991, February. pp14-18.
Lewis, D. and Sargeant, M. (2019) Employment law: the essentials. 15th ed. London: CIPD Kogan Page.
London: Chartered Institute of Personnel and Development (CIPD). (n.d) Factsheets about employment law. Available at: www.cipd.co.uk/knowledge/practicalguidance-a-z/factsheets
London: Chartered Institute of Personnel and Development (CIPD). (n.d) Latest news in employment law. Available at: www.cipd.co.uk/knowledge/fundamentals/ emp-law/about/legislation-updates
O’Sullivan, M., Turner, T. and Kennedy, M. (2015) Is individual employment law displacing the role of trade unions? Industrial Law Journal. Vol 44, No 2, July. pp222-245.
Pitt, G. (2020) Employment law. 11th ed. London: Sweet and Maxwell.
Taylor, S. and Emir, A. (2019) Employment law: an introduction. 5th ed. Oxford: Oxford University Press.
Taylor, S. and Woodhams, C. (eds). (2016) Human resource management: people and organizations. 2nd ed. London: CIPD Kogan Page.
Taylor, S. and Woodhams, C. (eds). (2016) Studying human resource management. 2nd ed. London: CIPD Kogan Page.
The Equality and Human Rights Commission (EHRC). (n.d.) Available at: www.equalityhumanrights.com/en
UK Government. (n.d.) Employment Guidelines. Available at: www.gov.uk/browse/employing-people
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