This unit considers key areas of employment legislation and its legal framework, focusing on how people professionals are obliged to take account of legal requirements in different jurisdictions when carrying out the varied aspects of their role.
You will learn about the purpose of employment regulation and the way that it is enforced in practice. You will evaluate the aims and objectives and the role played by the tribunal and courts in enforcing employment law. You will explain the main principles of discrimination law, how to manage recruitment and selection activities lawfully as well as learning about redundancy law and changes in contracts. Finally, you will learn about managing issues relating to pay and working time in a lawful way and employment rights for flexible working.
1 Understand the purpose of employment regulation and the way it is enforced in practice.
1.1 Evaluate the aims and objectives of employment regulation.
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 negative 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.
1.2 Examine the role played by the tribunal and courts system in enforcing employment law.
The role played by courts and institutions with jurisdiction to hear employment-related matters and make and enforce employment law; 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.
2 Understand how to manage recruitment and selection activities lawfully.
2.1 Explain the main principles of discrimination law in recruitment, selection and employment.
The principles of discrimination law including how they affect recruitment and selection activities; protected characteristics, direct and indirect discrimination, harassment related to a protected characteristic, sexual
harassment, less favourable treatment for rejecting submitting to unwanted conduct, significance of ‘purpose or effect’ and victimisation, discrimination by association, discrimination by perception; discrimination arising from disability, reasonable adjustments; defences; occupational requirements; use of comparators; remedies; relevant cases.
2.2 Discuss the legal requirements of equal pay.
The principles of equal pay; defences to equal pay claims; remedies; relevant cases; conducting equal pay reviews to ensure compliance.
3 Understand how to manage change and reorganisation lawfully.
3.1 Discuss the legal implications of varying contracts.
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.
3.2 Explain the legal requirements relating to redundancy.
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.
3.3 Explain the legal requirements relating to transfers of undertakings.
Main provisions of relevant legislation, for example Transfer of Undertakings Protection of Employment Regulations, including what is relevant transfer, need to provide employee liability information, rights of affected individuals to information and consultation; remedies if legislation is breached, relevant cases.
4 Understand how to manage issues relating to pay and working time lawfully.
4.1 Explain the major statutory rights in leave and working time.
The working time legislation and minimum annual leave entitlements, for example Working Time Regulations; provisions that relate to maximum working hours, in-work rest periods, rest period between periods of work, annual leave; how to calculate pay when on annual leave; how to calculate working time for pay purposes; reference periods, provisions for night workers; sickness (short and long term); differences for young adults; remedies; relevant cases.
4.2 Explain the main principles of maternity, paternity and adoption rights in the context of employment rights.
Rights to leave and pay during maternity, paternity or adoption; shared parental leave and pay; keeping in touch days (KIT and SPLIT); time off for antenatal care qualifying periods of service.
4.3 Explain employment rights relating to flexible working.
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 ofcaring responsibilities; reasons flexible working requests can be refused, remedies.
