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7OS01 Advanced employment law in practice
- January 13, 2023
- Posted by: Fletcher Samuel
- Category: CIPD Level 7
About this unit
7OS01 Advanced Employment Law in Practice focuses on the principles underlying employment law, employer defences, and the remedies claimants seek in court. Furthermore, it looks into the more common employment law issues that arise in organisations to prepare a defence or assist in settlement of claims before a hearing. The legal system, the primary sources of law, and the evolution of modern employment regulation in the United Kingdom are all critical components.
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You will gain a thorough understanding of UK employment law and the legal framework that governs employment in the United Kingdom. You will explain the significant sources and evolution of employment law, the role and function of courts and other employment law institutions, and the legal principles governing precedent, vicarious liability, and employment continuity. You will learn about the Equality Act, how to apply it, and how to interpret protected characteristics to protect workers from unlawful acts of discrimination. You will investigate the underlying principles of employment contracts and debate the concepts of wrongful, constructive, and unfair dismissal. Finally, you will summarise the law concerning workplace health and safety and personal injury, wage and hour regulations, parental employment rights, and workplace confidentiality regulations.
This unit is recommended for whom?
This unit is required for the following people:
- Senior practitioners strive to significantly increase their capacity, knowledge, and skills to impact strategy, policy, and people.
- Have completed the CIPD Foundation Diploma in Human Resource Practice and are interested in working in human resource management.
- Want to gain more autonomy, influence, and judgment to lead and motivate organisations and people strategically?
- Have some industry experience but need to recognise human resource qualifications professionally.
Learning Outcomes
The following learning outcomes underpin the completion of this unit:
- Understand the legal framework governing employment regulation in the United Kingdom.
- Learn about the laws that protect employees from unlawful acts of discrimination.
- Understand the law governing employment contract formation, modification, and termination.
- Recognise compliance with additional regulations that are relevant to significant areas of people’s practice.
Entry requirements and qualifications
Although the CIPD sets no formal requirements, institutions do. Some of these criteria vary by institution, while others apply to all students enrolled in the course. Institutions have developed diagnostic methods to determine whether candidates possess the necessary literacy and numeracy skills to pass advanced employment law assessments (7OS01). To enrol in a program, most institutions require candidates to have a working knowledge of the English language. Some institutions, for example, require candidates to have a GCSE English grade of C/4 or higher. Others, on the other hand, require English-speaking applicants to have an IELTS score of 6.5/ESOL Level 2 or higher.
The CIPD, on the other hand, has a policy for non-native English speakers that advises on English language entry requirements. Most employers require a bachelor’s degree, CIPD level 5 certifications, and prior human resources work experience for applicants. In extreme cases, significant strategic people practice knowledge may be substituted for a degree; however, this is subject to review. In addition, CIPD recognises prior learning policies, which allow students to demonstrate that they already have the knowledge, understanding, or skills required to complete the assessment requirements and do not need to acquire them through a course of study. The CIPD, for example, has exemptions planned for this unit for learners who have already completed some work on a CIPD qualification.
Learners who believe they have completed units from non-CIPD qualifications that map to teams in this qualification may also submit an application form, detailed mapping, and proof of attainment to the CIPD for verification. Finally, some institutions require applicants to be at least 18 years old to enrol in a course. The CIPD, on the other hand, suggests a minimum age of 21 for this particular unit.
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Task 1
AC 1.1 Discuss the major sources of employment law and its evolution, including the major employment rights.
The following are the primary sources of employment law in the United Kingdom:
- Common law is founded on case law or judicial precedent.
- Legislation passed by Parliament codifies statutory law. European Union (EU) law includes directives and regulations that member countries must incorporate into their domestic legislation.
- The Industrial Revolution, the rise of trade unionism, and the passage of landmark legislation such as the Factory Acts (1802-1901) and the Trade Disputes Act have all influenced the evolution of employment law (1906).
In the United Kingdom, the most important employment rights are:
- The right to fair pay.
- The right to paid vacation.
- The right not to be unfairly dismissed.
- The right to work in a safe and healthy environment.
AC 1.2 Explain the role and function of the courts and other institutions responsible for the administration of employment law.
The courts and other institutions enforcing employment law play an important role in ensuring that employees are treated fairly in the workplace. These institutions help protect employees from discrimination and unfair treatment by upholding the law and ensuring they are paid a fair wage for their work. They also serve as a venue for employees whose employer has wronged to seek redress.
The Employment Tribunals and the Employment Appeal Tribunal are the leading courts in employment law in the United Kingdom. These tribunals hear employee-employer disputes and can issue binding orders to both parties. Employment Tribunal decisions also bind other courts, establishing a precedent for future cases.
Trade unions represent employees in negotiations with employers, and government agencies such as the Health and Safety Executive, which is in charge of enforcing health and safety legislation, are also involved in employment law.
AC 1.3 Explain employment status and the legal tests used to establish to whom different employment rights apply.
In the United Kingdom, there are three main types of employment status: employee, worker, and self-employed. The legal tests used to determine who has which employment rights vary depending on the kind of status.
Employees have many employment rights, including the right to fair pay, the right not to be fired unfairly, and the right to paid time off. An individual must have a contract of employment with their employer to be classified as an employee. This agreement may be written, oral, or implied.
Workers have fewer rights than employees, but the law still protects them. They include the right to a living wage and not to be mistreated because of their race, gender, disability, or religion.
An individual must have a contract with their employer stating they are to perform work for them to be classified as a worker. This contract does not have to be in writing and can be inferred from the facts.
Individuals who work for themselves do not have the same rights as employees or workers. They are, however, protected from discrimination under the Equality Act of 2010. Individuals must be self-employed if they are in business on their own and have control over their work.
AC 1.4 Critically evaluate the principles of the law in the fields of precedent, vicarious liability and continuity of employment.
Precedent is a legal principle that states that court decisions in similar cases should be followed in future cases. This ensures that the law is applied consistently and fairly and that people can predict how a court will rule in their case.
Vicarious liability is a legal principle that holds employers liable for their employee’s actions. This means an employer can be held responsible for an employee’s damages even if the employer did not do anything wrong.
Employees are protected from being unfairly dismissed or made redundant by the principle of continuity of employment. It also gives employees certain rights if they change jobs, such as the right to accrue vacation time and a pension.
Task 2
AC 2.1 Assess the protected characteristics covered by the equality act 2010 and its operation.
The Equality Act of 2010 protects the following nine “protected characteristics”: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
The Act uses these characteristics to define who is protected from discrimination. Discrimination based on any of these protected characteristics is illegal.
The Equality Act of 2010 also includes provisions to protect people from discrimination based on association or perception. This means that discriminating against someone because they are related to someone with a protected characteristic (for example, a family member) or because they are mistakenly perceived to have a particular protected part is illegal (for example, if they are mistakenly seen to be disabled).
The Act also makes it illegal to discriminate against someone simply because they have complained about discrimination or assisted someone else in filing a complaint. This is referred to as ‘victimisation’.
AC 2.2 Evaluate the defences that respondents deploy in discrimination cases and remedies.
Respondents in discrimination cases have several defences available to them. These are some examples:
- Justification – this defence can be used where the respondent can show that the discriminatory treatment is a ‘proportionate means of achieving a legitimate aim’. Only objective justification is available in certain types of discrimination cases, and only if the respondent can meet a very high burden of proof.
- Positive action is a defence that can be used when an employer takes action to address an under-representation of members of a specific group in its workforce.
- Positive action concerning recruitment and promotion is permitted under the Equality Act of 2010, provided that it is proportionate and does not discriminate against anyone.
- Reasonable adjustments – in cases of disability discrimination, this defence requires employers to make reasonable adjustments to the workplace to accommodate the needs of disabled employees.
- The test for what is reasonable will vary depending on the individual circumstances but will typically consider the employer’s size and resources.
AC 2.3 Explain the principles of equal pay law and regulation on pay gap reporting.
The Equality Act 2010 provides equal pay between men and women in the same employment, where they are doing ‘like work’, ‘work rated as equivalent’ or ‘work of equal value’.
The principle of equal pay applies to basic pay and other benefits and working conditions such as bonuses, overtime rates, pension rights, and sick pay.
Employees can file a claim in the employment tribunal to enforce their right to equal pay. If the claim is successful, the tribunal can order the employer to pay arrears of salary or benefits and take steps to ensure that discrimination does not occur again.
The Equality Act of 2010 also requires employers to publish information about the gender pay gap. This is known as reporting the gender pay gap.
Gender pay gap reporting demonstrates whether or not there is a disparity in the average pay of men and women in an organisation. It expresses the difference in average hourly earnings between men and women as a percentage of men’s profits.
The Equality Act of 2010 requires employers with 250 or more employees to publish gender pay gap data annually. The first reports were scheduled to be released on April 4, 2018.
The mean and median gender pay gaps, the proportion of men and women in each employer’s pay structure quartile, and the number of men and women receiving bonuses are all required to be published.
AC 2.4 Assess the management of employment law in respect of specific groups of employees.
The Equality Act 2010 and the Employment Rights Act 1996 are two critical pieces of legislation in the UK that aim to protect employees from discrimination. Employers are prohibited from discriminating against employees based on protected characteristics such as race, gender, disability, or age under these laws. In addition, several other laws cover specific groups of employees, such as the Pregnancy and Maternity Leave Regulations and the Working Time Regulations.
Employers must be aware of these laws and ensure they are not discriminating against employees based on protected characteristics. They should also implement policies and procedures to ensure that all employees, regardless of a protected characteristic, are treated fairly and equally.
While most of the discrimination laws in the UK aim to protect employees from unlawful acts of discrimination, several laws protect specific groups of employees. The Pregnancy and Maternity Leave Regulations, which aim to protect pregnant women and new mothers from being mistreated at work, and the Working Time Regulations, which aim to protect employees from being forced to work excessive hours, are examples of these.
Employers must be aware of these laws and ensure they are not discriminating against employees based on protected characteristics. They should also implement policies and procedures to ensure that all employees, regardless of a protected characteristic, are treated fairly and equally.
Task 3
AC 3.1 Analyse the principles that underpin the law on different types of employment contracts, including their practical significance for organisations.
The following principles underpin the law on various types of employment contracts:
- A labour contract is a legally binding agreement between an employer and an employee.
- The terms of an employment contract can be expressed or implied.
- An express term is agreed upon specifically between the employer and employee, either verbally or in writing.
- An implied term is not expressly stated but can be inferred from the nature of the contract or the parties’ conduct.
- The Employment Rights Act of 1996 establishes certain statutory minimum rights for all employees, regardless of contract terms.
The practical implications of these principles for organisations are that they must be aware of both the express and implied terms of their employees’ contracts and the statutory rights that all employees have. This will assist them in avoiding any potential contract disputes or claims.
AC 3.2 Debate the principles of the law of wrongful, constructive and unfair dismissal.
The following are the principles of wrongful, constructive, and unfair dismissal law:
- Wrongful dismissal occurs when an employee is fired in violation of their employment contract. This could be because the employer did not follow the proper procedure or because the reason for the dismissal was invalid.
- Constructive dismissal occurs when an employee resigns in response to a breach of contract by their employer. This could be because the employer changed the contract terms without the employee’s consent or because of the employee’s behaviour.
- Unfair dismissal occurs when an employee is fired for an unjust reason or is mistreated during the dismissal process. The Employment Rights Act of 1996 establishes a list of reasonable grounds for dismissal, which includes redundancy, capability or qualification issues, and misconduct.
The practical implications of these principles for businesses are that they must be aware of the potential consequences of breaching an employee’s contract or mistreating them during the dismissal process. This will assist them in avoiding any claims made against them.
AC 3.3 Examine the test of reasonableness in unfair dismissal law and its practical implications for organisations.
The reasonableness test is a legal standard used to determine whether or not an employee was fired unfairly. The test is founded on the idea that an employer must act reasonably in all circumstances, including when dismissing an employee. This means that the employer must have a legitimate reason for dismissing the employee and follow a fair procedure.
For organisations, the practical implications of the reasonableness test are that they must be aware of the potential consequences of dismissing an employee without a valid reason or failing to follow a fair procedure. This will assist them in avoiding any claims made against them.
AC 3.4 Explain the process of complying with the law on redundancy and transfers of undertakings.
The following is the procedure for complying with the law on redundancy and transfer of undertakings:
- The proposed redundancies must be discussed with employees.
- The employer must choose employees for redundancy fairly and objectively.
- Employees who are facing redundancy must be offered suitable alternative employment.
- Employees must be allowed to appeal their selection for redundancy.
The practical implications of these requirements for organisations are that they must consult with employees about proposed redundancies, that employees are fairly selected for redundancy, and that those at risk of redundancy are offered suitable alternative employment. This will assist them in avoiding any claims made against them.
Task 4
AC 4.1 Explain the law on health and safety at work and personal injury.
The Health and Safety at Work etc. Act 1974 is the primary legislation governing workplace health and safety in the United Kingdom. Employers are required by the Act to take reasonable steps to ensure their employees’ health, safety, and welfare and provide adequate information, training, and supervision. It also imposes a general duty on employees to protect their health and safety, as well as the health and safety of others who may be affected by their actions.
Employers are required by the Act to assess the risks to their employees’ health and safety and implement appropriate controls. They must also have a written health and safety policy accessible to employees. Furthermore, they must provide employees with adequate health and safety information and training.
If an employer fails to comply with the provisions of the Act, they may face criminal charges. In addition, employees who are injured as a result of their employer’s negligence may also be able to seek compensation in civil court.
The law governing health and safety is constantly evolving, and new regulations are introduced regularly. As a result, employers must stay current on the latest developments.
The Corporate Manslaughter and Corporate Homicide Act of 2007 is one of the most recent legislation about health and safety. This Act allows companies and other organisations to be prosecuted if a death occurs due to their failure to manage health and safety risks.
AC 4.2 Discuss the principles underpinning regulation on hours and wages.
Numerous principles underpin the regulation of working hours and wages in the United Kingdom. These include the right to a minimum wage, paid holidays, rest breaks, and the ability to work reasonable hours.
The minimum wage is the most important of these principles because it ensures that workers are compensated fairly for their efforts. The current minimum wage is £6.70 per hour for workers aged 21 and up and £5.30 per hour for workers aged 18-20. No employee should be paid less than these hourly rates regardless of role or hours worked.
Another important principle is the right to paid holidays, which ensures that workers can take time off and still be paid their regular wages. All employees in the United Kingdom are entitled to 5.6 weeks of paid vacation per year (28 days for full-time workers).
The right to rest breaks is also important because it ensures that workers can take breaks from work while still being paid their regular wages. At the moment, all workers in the United Kingdom are entitled to 20 minutes of break time for every 6 hours worked.
Finally, the right to work reasonable hours is a critical principle because it ensures that employees are not required to work excessive hours. Workers are entitled to rest breaks and paid holidays under the Working Time Regulations 1998, which state that they should work at most 48 hours per week on average.
These principles underpin the regulation of working hours and wages in the United Kingdom, ensuring that employees are treated fairly and paid a fair wage for their efforts.
AC 4.3 Explain maternity and parental employment rights, including the requirements of flexible working employment legislation.
The Employment Rights Act of 1996 establishes maternity and parental employment rights as amended by the Pregnant Workers Directive (92/85/EEC) and the Work and Families Act of 2006. These rights include things like paid maternity leave and leave for new mothers.
Pregnant workers must be treated the same as other workers in terms of health and safety, according to the Pregnant Workers Directive. This means they should not be forced to do any work that could endanger their health.
According to the Work and Families Act of 2006, parents have the right to request flexible working arrangements, such as working from home or changing their working hours. This right is available to all parents of children under sixteen (or 18 if the child is disabled).
Other pieces of legislation, such as the Equality Act 2010 and the Maternity Allowance Act 1973, address specific aspects of maternity and parental rights.
AC 4.4 Evaluate collective employment law and regulations relating to confidentiality at work.
There are several employment laws and regulations concerning workplace confidentiality. The Data Protection Act of 1998, the Human Rights Act of 1998, and the Employment Relations Act of 1999 are among them.
The Data Protection Act of 1998 specifies how personal data must be used and protected. This includes ensuring that personal data is only used for the intended purpose and is kept secure and confidential.
Employees have the right to respect their private and family life, home, and correspondence under the Human Rights Act of 1998. This includes the right to privacy over information about their personal lives.
Employees have the right to have a say in workplace matters and to be involved in decisions that affect them under the Employment Relations Act of 1999. This includes the right to be consulted about changes to their working conditions and the right to obtain information about their employment.
These laws and regulations protect employees’ confidentiality rights significantly. Employers must ensure that they are aware of these rules and take the necessary steps to comply with them.
Resource
- Charles, B., & Ann, L. (2018). Modern employment law. Routledge.
- Fields, C. K., & Cheeseman, H. R. (2021). Contemporary Employment Law. Wolters Kluwer Law & Business.
- Helleringer, G., & Corradi, M. C. (2021). Self-Dealing, Corporate Opportunities and the Duty of Loyalty-a US, UK and EU Comparative Perspective. Corporate Opportunities and the Duty of Loyalty-A US, UK, and EU Comparative Perspective (April 13, 2021).
- Lewis, D., & Sargeant, M. (2019). Employment law: the essentials. Kogan Page Publishers.
- Lockton, D. J., & Brown, T. (2020). Employment Law. Red Globe Press.
- Pepple, D., & Adeleye, N. (2021). Managing Disciplinary and Grievance Cost. In Financial and Managerial Aspects in Human Resource Management: A Practical Guide. Emerald Publishing Limited.
- Sabzalieva, E., Sá, C. M., Martinez, M., & Kachynska, N. (2021). Science Diplomacy Policy Processes in Comparative Perspective: The Use of Scientific Cooperation Agreements in Canada, India, Norway, and the UK. Minerva, 59(2), 149-172.
- Tarar, I. A. (2020). Industrial Dispute in Comparative Perspective1. Journal of the Research Society of Pakistan, 57(2), 98.