5EML Employment Law

There are six primary areas that the student can be assessed based on this unit content for cipd level 5. The assessment questions are divided based on the study topics.

Question one: The questions in these sections are based on the students’ ability to understand employment regulations and the legal system.

Explain the objectives and aims of the employment laws and regulations

The students are expected to explain at least three different objectives of employment laws. The explanations should be detailed and in three different subtopics or paragraphs. It is recommended that the answers should be selected from the following primary objectives; justice, compliance with international regulations, Fairness, protection of employees, delivery of government policies as well as meeting the socioeconomic objectives.

What is the role of the employment tribunal and the court system in the enforcement of employment law?

This question requires that the student must describe the way the courts enforce the employment law by applying the law in its rulings. The answer to this question can be presented in a flow chart showing the hierarchy of the courts from the tribunal through the courts up to the supreme. At each stage of the hierarchy, the student should give a brief explanation of what happens.

Discuss ways of dispute resolution before and after formal legal procedures

By asking this question, the examiner seeks to assess the students understanding of alternative dispute resolution approaches. The student should discuss at least three methods of dispute settling before and after the tribunal. The methods include but is not limited to reconciliation, mediation and arbitration.

Question two tests the students understanding of lawful recruitment and selection processes.

Explain the principle of discrimination law during the selection, recruitment and employment.

To meet the criterion, the student should identify the three principles of discrimination law providing examples for each. Additional points will be earned for students who reference the Equality Act 2010. Nevertheless, identification of at least two types of discrimination and relevant case laws is highly advised to demonstrate an understanding of discrimination law.

Question three tests the learners' understanding of lawful change management and reorganisation

Describe the process of establishing contracts of employment and the main requirements of redundancy law

When answering this question, learners should explain the process of varying employment contracts, managing redundancies and addressing transfers. It is a two-part question that should be answered in two different paragraphs: There are also four primary elements of employment contracts that must be covered in this question. The students should ensure that they describe offers, acceptance, intention to create legal regulation and consideration as factors for consideration in the creation of employment contracts. Further, the answer should define the difference between implied and express terms of a contract i.e salary, job title, work hours, holidays, notice period, pensions among others.

To answer the requirements of redundancy law section, the students should make reference to the employment right act 1996 and the trade union and labour relations Consolidation Act 1992. It is crucial to outline the steps that must be followed when carrying out redundancy and the consequences of not following the right process.

Question four: The questions in this section focus on organisational change and the statutory requirements.

Discuss statutory requirements for business transfers

The correct answer to this question must explain the law relating to Transfer of Undertakings Protection of Employment 1996. The student should outline and give a brief explanation for successful transfer and acknowledge challenges that need the HR profession for legal advice.

Discuss the primary employee rights according to employment law.

This criterion can be met by the identification of employee rights such as equal pay, maternity and paternity leave and working hours. Learners should illustrate each right with a relevant law to earn more points. For example, the Working time regulation of 1998 and the health and safety act of 1974 have clauses on working time, giving recommendations for working week, rest periods and night work. The student should also explain the major or basic requirement for each law discussed above highlighting areas that are important for line managers to know about. To earn more points students should explain the penalty for breach of each of the employee rights as stipulated by the law.

Question five: questions in this section are based on statutory safety and health issues in the workplace as well as implied duties of employment contracts and freedom of association. Examiner may ask:

What are the primary requirements of the health and safety laws?

Making reference to the health and safety at work Act of 1974, learners should identify principles guiding both the employer and employees on health and safety issues in the workplace.

Briefly describe the significance of implied duties concerning the management of employees at work.

The student should provide an explanation of the implied terms i.e trust and confidence, and the consequence of breach for the employer. In the explanation, the learner should list options for both employer and employee. The employees’ option may be to resign and claim constructive dismissal and employers’ option may be to address the presented allegations.

Briefly explain the principles of law on freedom of association

The answer to this question should refer to the human rights act 1998, article 11 titled freedom of association. The students should elaborate on this article highlighting employee rights under the trade union membership.

Question Six: These questions test the students understanding of statutory grievance handling procedure and disciplinary actions.

What are the primary components of the unfair dismissal law concerning capability and misconduct issues?

The student should answer this question by explaining the process to be followed when addressing misconduct issues. The process must include suspension, hearings, evidence and appeals. Citing the employment Right Act 1996, the learner should also give reasons for fair dismissal.

Discuss the scope of the right to be accompanied in a serious discipline and grievance hearing

The right to be accompanied defines the person who can accompany an employee to a grievance hearing and their role in the hearing. The student should support this answer with valid reasons of why the employee should be accompanied to the hearing

At the end of the assessment, the learners will have a comprehensive understanding of the purpose of employment regulations and its practical enforcement in organisations.