5OS01 Specialist Employment Law

Introduction to 5OS01 Specialist Employment Law

5OS01 is a specialized unit that examines employment legislation and the roles of people professionals in considering legal requirements while performing various people practice roles and responsibilities.

Learning objectives:

Students of CIPD should understand:

• The goal and enforcement of labor regulations
• Tribunal courts’ roles in employment law
• Case resolution both before and after legal proceedings
• Discrimination legislation
• Law on Redundancy
• Contract modifications
• Managing pay and working hours legally
• Workplace regulations that are adaptable.

AC 1.1 Aims and objectives of employment regulation

Students explain employment roles in: 

• Achieving Social Justice at Work
• Providing workplace fairness and inclusion

Students also explain the economic arguments for- 

• Protecting employees from slavery, discrimination, and unjust and negligent behavior

Students go on to explain why professionals need to understand negative employment regulations arguments such as legislative complexity, poor regulation drafting, and the groups that oppose workplace regulations.

AC 1.2 Role of tribunal and court systems in enforcing employment law

Students explain the court’s roles in hearing employment-related cases. Students go on to explain how the law is enforced at work.

Students explain the court hierarchy further as follows:

• Court of Appeal Employment 
• Tribunal Employment
•  Appeal Tribunal
• The Supreme Court
• The European Union’s Court of Justice
• County Court Superior Court

1.3 How cases are settled before and during formal legal procedures

Students describe the roles of ACAS and COT3, as well as the Labour Relations Agency and the Workplace Relations Commission (ROI), in early conciliation.

Students describe the process of discussion and negotiation during legal procedures, as well as the settlement agreements reached between disputing parties.

Professionals should consider the following when reaching agreements:

• monetary settlement
• Making a settlement agreement
• Making certain that the agreement is “without prejudice”
• Participation in the agreement-making process on one’s own initiative

Students elaborate on the significance of legal counsel when reaching agreements.

AC 2.1 Principles of discrimination law in recruitment, selection and employment

Students must understand the protected characteristics of employees under the Equality Act of 2010. During recruitment, selection, and employment, employees are protected from discrimination based on gender, age, religion, ethnicity, sexual orientation, disability, and pregnancy.

Students define direct and indirect discrimination, as well as the nature of workplace harassment based on protected characteristics. Students go over the meaning of the phrase “purpose or effect” in discrimination law, as well as the concepts of victimization, discrimination by perception, and discrimination by association.

Students explain the reasonable adjustments that people professionals and organizations must focus on when implementing discrimination law, consider remedies for managing discrimination, and evaluate relevant discrimination law cases in recruitment and selection.

AC 2.2 Legal requirements of equal pay

Students explain the principles of equal pay, the importance of defending equal pay claims, considerations of relevant equal pay cases, and the conduct of reviews for organizational compliance with equal pay laws and regulations.

AC 3.1 Legal implications of managing change

Students describe the legal processes involved in consultation, reaching an agreement, and dismissing or re-engaging during the change process.

Students describe the legal requirements for changing employment contracts. They discuss the risks of contract breach,’stand and sue,’ the risks of employee discrimination during change, and the legal requirements for constructive dismissal.

Finally, students explain legal principles in organizational redundancy, redundancy pay, and consultations during the redundancy process.

AC 3.2 Legal requirements relating to transfers of undertakings

Relevant legislation includes the Transfer of Undertakings Act and the Employment Protection Act (TUPE) Regulations

• Employee liability information is required by law.
• Students describe the rights of affected employees as a result of information and consultation.
• Legal requirements and the consequences of breaking the law

AC 4.1 Statutory workers’ rights in relation to pay

• Wage and salary legislation
• Pay rates mandated by law
• Pay stubs with itemized deductions
• Linking statutory pay to working hours and sick leave

AC 4.2 Statutory rights in leave and working time

• Workplace regulations
• Employees are entitled to annual leave.
• Provisions for maximum working hours
• Rest breaks at work
• Annual leave pay
• Provisions for night workers

AC 4.3 Principles of maternity, paternity and adoption rights in context of employment rights

Students explain employees’ maternity rights and statutory regulations, such as pay during maternity leave and time off to attend antenatal care. Students also explain the pay and number of leave days available to employees who take paternity or adoption leave. Students also explain the employees’ qualifying periods of service.

AC 4.4 Employment rights relating to flexible working

Students explain employees’ rights under various work arrangements, such as-

• Paid and unpaid leave during working hours
• Working over the weekend and on holidays
• Employees’ right to request flexible working hours (on basis of care responsibilities and on religious grounds)
• Employers may refuse to grant requests based on the following criteria.

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