5OS01 Assignment Help/Guide

Task One – Intranet Article

This comprehensive 5OS01 CIPD course guide is designed to assist the CIPD learners in successfully addressing the 5OS01 Specialist Employment law unit, tasks 1 and 2. Reviewing this guide will provide the learner with valuable knowledge that can be applied when responding to different (ACs) in the Specialist employment law allowing them to save both time and resources!

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The article can be broken down into three sections:

5OS01 Assignment Help/Guide – Task One (Section 1)

 (AC 2.1) Evaluate the principles of discrimination law in recruitment, selection and employment.

Evaluate: To judge or decide the importance, value or amount of something by using evidence, information and knowledge. A recommendation can then be made based on this information.

• Your answer must offer a confident evaluation of the principles of discrimination law including how they affect recruitment and selection activities. Include a clear link to the relevant legislation. Include an evaluation of the key features of the legislation, referring to and listing the protected characteristics. Also discuss how the law impacts on each of these activities: recruitment, selection, and employment, illustrated with examples. Mention of any potential development in this area of law and best practice.
• Start your answer with an explanation of which legislation relates to discrimination. Then go ahead to state the purpose and value of the legislation. State and refer to the protected characteristics. Explain the types of discrimination (direct and indirect discrimination), harassment and victimisation. Go ahead to explain the reasons why these discriminations may be allowed/reasonable adjustments. Ensure to talk about how claims can be defended then state importance of aligning with the law during recruitment, selection and employment.
• Give confident links to wider reading to support ideas and examples. Your answers will fetch higher points when they are applied to the relevant case laws. The answers should be clear, concise, well argued, and directly respond to what has been asked and the presentation of the assignment be well structured, coherent and focus on the need of the question.

(AC 2.2) Discuss the legal requirements of equal pay.

Discuss: To talk or write about a subject, while providing your own ideas and opinions on the subject matter. Investigate or examine by argument and debate, giving reasons for and against

• Your answer needs to give a confident discussion of the key features of the Equality act, including its impact on equal pay and risk of discrimination.
• Offer a clear and detailed discussion of equal pay and the requirements of the legislation on these areas. An explanation of how organisations can defend an equal pay claim and how to conduct pay reviews. Mention of any potential development in this area of law and best practice.
• Your answer should cover: the legislation that relates to equal pay (Equality Act), Its purpose and value. Considering also why it exists could have added further depth to your answer.
• You must explain like work, work of equal value and work rated as equivalent. Elaborate on factors which make it unlawful to pay men and women differently and the possible defenses to equal pay claims. Explain what legal principles can be relied on here
• Give confident links to wider reading to support ideas and examples. Your answers will fetch higher points when they are applied to the relevant case laws. The answers should be clear, concise, well argued, and directly respond to what has been asked and the presentation of the assignment be well structured, coherent and focus on the need of the question.

5OS01 Assignment Help/Guide – Task One (Section 2)

(AC 4.1) Explain the major statutory rights workers have in relation to pay.

Explain: To make something clear to someone else, and to give a reason for something that will enable them to understand better.

• As a minimum, the answer should cover: ▪ Right to itemised pay statement. ▪ Right to NMW/NLW. ▪ Right to SSP.
• You must give a confident and detailed explanation of two statutory rights related to pay, each linked to the corresponding legislation. Consider rights such as right to itemised pay statement, you could also have addressed deductions from pay, right to National Minimum Wage/National Living Wage. ▪ Right to Statutory Sick Pay (SSP).
• Mention of any potential development in this area of law and best practice.
• Give confident links to wider reading to support ideas and examples. Your answers will fetch higher points when they are applied to the relevant case laws. The answers should be clear, concise, well argued, and directly respond to what has been asked and the presentation of the assignment be well structured, coherent and focus on the need of the question.

(AC 4.2) Explain the major statutory rights in leave and working time.

Explain: To make something clear to someone else, and to give a reason for something that will enable them to understand better.

• Your answer must contain a confident and detailed explanation of one statutory right related to leave and one statutory right related to working time, each linked to the corresponding legislation. Mention of any potential development in this area of law and best practice.
• The answer should cover: the related legislation in regards to working hours – maximum, opt-out option, provisions for night work and the limit on the working week.
• Explain rest during working time and between periods of work as well as annual leave entitlement and how to calculate pay when on annual leave.
• Give confident links to wider reading to support ideas and examples. Your answers will fetch higher points when they are applied to the relevant case laws. The answers should be clear, concise, well argued, and directly respond to what has been asked and the presentation of the assignment be well structured, coherent and focus on the need of the question.

(AC 4.3) Explain the main principles of maternity, paternity, and adoption rights in the context of employment rights.

Explain: To make something clear to someone else, and to give a reason for something that will enable them to understand better.

• You must give a confident and detailed explanation of one employment rights relating to maternity, one employment right relating to paternity, and one employment right related to adoption, each linked to the corresponding legislation. An explanation of each of these pieces of legislation must include their key features. Mention of any potential development in this area of law and best practice.
• Therefore the answer should cover the entitlement for maternity leave – Ordinary Maternity Leave (OML, Additional Maternity Leave (AML), statutory maternity leave (SML). Employee requirements – qualification, giving notice to employer. SMP requirements and limitations. ▪ Paternity leave overview. What the entitlement is for adoption leave.
• Your answer should demonstrate your understanding of what the entitlements are as well as what the eligibility criteria and/or restrictions are that apply. Explain the legal rights which relate to each of these rights, shared parental leave and pay; keeping in touch days (KIT and SPLIT) and qualifying periods of service.
• Give confident links to wider reading to support ideas and examples. Your answers will fetch higher points when they are applied to the relevant case laws. The answers should be clear, concise, well argued, and directly respond to what has been asked and the presentation of the assignment be well structured, coherent and focus on the need of the question.

 (AC 4.4) Explain other employment rights relating to flexible working.

Explain: To make something clear to someone else, and to give a reason for something that will enable them to understand better.

• Give a confident and detailed explanation of two employment rights relating to flexible working, each linked to the corresponding legislation. Mention of any potential development in this area of law and best practice.
• Some flexible working rights to consider include Rights to paid and unpaid time off during working hours; shift, weekend and bank holiday working; qualifying service; the rights to request flexible working, for example on religious grounds, because of caring responsibilities; reasons flexible working requests can be refused, remedies
• You answer should therefore cover: What the right to request flexible working entails – possible reasons for requesting this, length of service required, restrictions to the right (any eligibility criteria/restrictions). What employers must do, and the timeframe an employer must deal with the request in.
• To fully address the brief, you are required to demonstrate an understanding of the obligations on both the employee and employer in making and dealing with a request.
• Your answer should also demonstrate an understanding of the 8 reasons a request can lawfully be refused.
• Give confident links to wider reading to support ideas and examples. Your answers will fetch higher points when they are applied to the relevant case laws. The answers should be clear, concise, well argued, and directly respond to what has been asked and the presentation of the assignment be well structured, coherent and focus on the need of the question.

5OS01 Assignment Help Guide – Task One (Section 3)

 (AC 3.1) Discuss the legal implications of managing change.

Discuss: To talk or write about a subject, while providing your own ideas and opinions on the subject matter. Investigate or examine by argument and debate, giving reasons for and against

• Make sure that your answer covers in detail what change refers to, varying a contract, the main principles of redundancy and related legislation and an overview of the purpose and process of consultations.
• Demonstrate a good understanding of why and how consultation must take place. What it looks like in practice, the minimum period of consultation required and whether it should be collective or individual and the options if the consultation fails
• As per the indicative content some key factor to consider Lawful processes for changing; process for consultation and gaining agreement for change, change unilaterally, dismiss and re-engage; vary through collective bargaining; risks associated with varying contracts such as breach of contract, constructive dismissal, ‘stand and sue’, discrimination; contractual issues in the management of change; flexibility clauses. The principles of the law in the areas of redundancy; definitions of redundancy; entitlement to statutory redundancy pay, individual and collective consultation rights; other statutory rights such as notice and holiday; selection pools; points systems vs selection systems; discrimination risks; relevant cases
• Give confident links to wider reading to support ideas and examples. Your answers will fetch higher points when they are applied to the relevant case laws. The answers should be clear, concise, well argued, and directly respond to what has been asked and the presentation of the assignment be well structured, coherent and focus on the need of the question.

 (AC 3.2) Explain the legal requirements relating to transfers of undertakings.

Explain: To make something clear to someone else, and to give a reason for something that will enable them to understand better

• Your answer must give a confident explanation of the law that regulates TUPE transfers, and the key principles established in the law. A confident explanation of best practice to be followed when leading a TUPE transfer, including a discussion of each of the steps of the process, the risks of not following the process, ACAS best practice. Mention of any potential development in this area of law and best practice.
• Hence ensure that your answer covers the 2 types of transfer, purpose of TUPE – what it protects, related legislation and remedies if legislation is breached. Overview of the consultation process as per the remit of the legislation and Employee liability information.
• You must also show an understanding of the process for managing a transfer of undertaking.
• Give confident links to wider reading to support ideas and examples. Your answers will fetch higher points when they are applied to the relevant case laws. The answers should be clear, concise, well argued, and directly respond to what has been asked and the presentation of the assignment be well structured, coherent and focus on the need of the question.

5OS01 Assignment Help/Guide – Task Two

In response to managers’ questions about the purpose of employment regulation and the way it is enforced in practice, you are required to produce an information document. The document should be formal in style.

The document should:

(AC 1.1) Evaluate the aims and objectives of employment regulation.

Evaluate: To judge or decide the importance, value or amount of something by using evidence, information and knowledge. A recommendation can then be made based on this information.

• Your answer must give a Confident evaluation of three aims/objectives of employment law, with a detailed explanation of each, illustrated with examples of legislation. Consider both the benefits and limitations of this regulation in achieving worker protection and fairness. Mention of any potential development in this area of law and best practice.
• You may consider factors such as the role of employment law in helping to achieve social justice, inclusion and fairness in the workplace; economic arguments in favour of increased regulation: protects against unjust, inequitable and negligent acts, slavery, discrimination, child labour. Awareness of nelgative arguments for employment regulation, such as legislation too complex, not a deterrent, poorly drafted, harder to create jobs; groups who support or oppose greater regulation
• Ensure that your answer covers the purpose of employment regulation – protection, fairness in the workplace, social justice. Also consider the main pieces of legislation and what they relate to – Employment Rights Act, The Work and Families Act, The Equality Act, The Working Times Regulations, Trade Unions and Labour Relations (Consolidation) Act, The Transfer of Undertakings (Protection of Employees) Regulations.
• Finally, give confident links to wider reading to support ideas and examples. Your answers will fetch higher points when they are applied to the relevant case laws. The answers should be clear, concise, well argued, and directly respond to what has been asked and the presentation of the assignment be well structured, coherent and focus on the need of the question.

(AC 1.2) Examine the role played by the tribunal and courts system in enforcing employment law.

Examine: To look at something in detail, ‘putting it under a microscope’

• Offer a confident examination of each of the courts ensuring that all the relevant courts are mentioned, explained and there is a clear discussion around how the case goes from one to the next, and what happens at each stage. The learner has illustrated with examples. Mention of any potential development in this area of law and best practice.
• Hence ensure that your answer covers what a Tribunal is, the role of a Tribunal in enforcing law. Other courts, the hierarchy and escalation route.
• Hierarchy of the courts; Employment Tribunal, Employment Appeal Tribunal, Court of Appeal, Supreme Court, European Court of Justice, County Court, High Court; role of appeal courts.
• You should consider the type of cases which would be heard at ET, and which would be heard by other courts in the first instance to develop your answer further.
• Consider the powers of employment tribunal and employment courts in enforcing the laws and discuss some of the remedies that could be awarded.
• Finally, give confident links to wider reading to support ideas and examples. Your answers will fetch higher points when they are applied to the relevant case laws. The answers should be clear, concise, well argued, and directly respond to what has been asked and the presentation of the assignment be well structured, coherent and focus on the need of the question.

(AC 1.3) Explain how cases are settled before and during formal legal procedures.

Explain: To make something clear to someone else, and to give a reason for something that will enable them to understand better.

• Offer a confident and detailed explanation of each of the stages in the process of resolving a dispute, discussion around the documentation needed, the role of the role of ACAS, what early conciliation is and its role in resolving disputes.
• Important information to include; an explanation of what happens if conciliation does not resolve the dispute, a definition of and confident explanation of the use of settlement agreements, and a discussion around alternative dispute resolution. You are also required to demonstrate an understanding of the importance of settlement agreements in an employment context. What is their main function and key features.
• Look into information such as Procedures for settling cases and the employment tribunal system – role of ACAS and use of COT3 (GB) or Labour Relations Agency (NI) or Workplace Relations Commission (ROI) in early conciliation; process of discussion and negotiation; key features of settlement agreements; terms that may be included in settlement agreements such as financial settlement, a reference; need for written settlement agreement; importance of voluntary process; meaning of ‘without prejudice’; importance of independent legal advice
• Hence the answer should cover: Reasons why employers and employees settle cases, Acas, the ECS and its role in settling cases. ▪ Tribunal cases – deadlines for making claims, fees, the importance of settlement agreements, set out the ACAS ECS process that could facilitate a settlement as well as it being recorded in a COT3 agreement.
• To fully address the brief, you are required to demonstrate an understanding of the reasons employers and employees might opt to settle disputes. You should also consider limitation dates and fees for taking claims to tribunal.
• Finally, give confident links to wider reading to support ideas and examples. Your answers will fetch higher points when they are applied to the relevant case laws. The answers should be clear, concise, well argued, and directly respond to what has been asked and the presentation of the assignment be well structured, coherent and focus on the need of the question. Mention of any potential development in this area of law and best practice.

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