5OS01 Assignment Example
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.
Table of Contents
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.
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