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LAWS2026 Employment Law

tag 0 Download19 Pages / 4,611 Words
  • Course Code: LAWS2026
  • University: University Of Southampton

    MyAssignmentHelp.com is not sponsored or endorsed by this college or university

  • Country: United Kingdom


Activity 1

Explain the purpose of employment law and how it is enforced. Briefly describe the role played by the tribunal and courts system in enforcing employment law. Include how cases are settled before and during formal legal procedures.

1.1 Explain the aims and objectives of employment regulation

Discuss3 objectives of Employment Law  
Explain2 sources of Employment Law and illustrate with one example of each

Act of Parliament = Equality Act 2010

EU Law = Working Time Directive (2003/88/EC)

Case law = any employment law case properly cited

Acknowledgethe distinction between England, Ireland and Scotland

1.2 Describe the role played by the tribunal and courts system in enforcing employment law

Explainhow employment law is enforced by the courts from the tribunal claim, all the way through the courts up to the highest court

1.3 Explain how cases are settled before and during formal legal procedures

Identify and discuss 2 recognised alternative ways of resolving disputes outside the courts(see below table)
Explaintheir purpose, 2 advantages and 2 disadvantages
Whatis the role of ACAS?
Activity 2

You are asked to develop a training session for line managers with the title ‘managing recruitment, selection and appointments lawfully’. Outline the key points you would include in your presentation and why. Provide an example to illustrate your key points.

2.1 Identify the main principles of discrimination law in recruitment and selection and in employment

  • Explain3 types of discrimination - direct, indirect, by association, etc
  • Discuss2 examples of the role of HR and management in compliance

2.2 Explain how contracts of employment are established

  • Explainthe 4 elements of a valid employment contract offer, acceptance, consideration (salary exchange), intention to create legal relations
  • Discuss the difference between express and implied terms – (statute and common law)
  • Outline5 of the mandatory express terms a contract must contain salary, starting date, hours of work, etc
  • Identify and discuss 4 examples of any other document contractual in nature – which could be part of the terms of the contract.  (offer letter, staff handbook, verbal promises at interview, job ad, etc)

Activity 3

Your organisation is planning a major reorganisation that will involve relocating some people to other sites and outsourcing a major function to a sub-contractor. You should summarise the major ways the law protects employees in such situations.

3.1 Describe when and how contracts can be changed lawfully

  • Begin with an explanation of what triggers reorganisations (recession, expansion, relocation, etc)
  • Explain what flexibility clauses are and their purpose
  • Discuss2 alternatives an organisation has to change contracts in the absence of flexibility clauses greement, dismissal and re-engagement, forcing the change, etc
  • Describethe potential consequences of the alternatives for the organisation potential tribunal claims, disgruntled employees, low morale / productivity, etc

3.2 Explain the main requirements of redundancy law

  • Identifythe law relating to redundancy and it’s main aims
  • Outline and explain all steps for a lawful redundancy (ACAS)
  • Discussthe consequences for the organisation of not following these steps tribunal claims, negative impact on morale, staff turnover, etc

3.3 Explain the main requirements of the law on business transfers

  • Identifywhat piece of legislation regulates TUPE – (2006)
  • Explainwhy it is important for an HR professional to seek advice very complex area of employment law
  • Discussthe objectives of the legislation in this area and in what situation applies protection of the rights of employees when transferring to a new employer under TUPE
  • Outline and describe the full process an organisation should follow for a successful TUPE transfer (ACAS)

Activity 4

You are asked to summarise for managers the key issues they need to consider to manage pay, leave and working time lawfully. Ensure you include the major statutory rights, equal pay, and maternity, paternity and other family-friendly employment rights.

4.1 Identify the major statutory rights employees have regarding of pay, leave and working time

  • Start by briefly discussingthe difficult balance of needs of employees (disregard any reference to worker) and employers, and the role of law in achieving this
  • Identify and explain 2 categories of rights and 2 examplesof each and illustrate with statute or case law.

4.2 Explain the major requirements of equal pay law

  • Identify and explainthe law relevant to equal pay, including gender pay reporting for companies over a certain number – (2010)
  • Discusshow Equal Pay obligations are complied with in your organisation policies and procedures, pay reviews, linking pay with performance, constantly reviewing pay structures, etc

4.3 Explain major maternity, paternity and other family-friendly employment rights

  • Identify and explain 2 relevant pieces of legislation relating to family friendly rights –
  • What is the objective of the legislation? What does it cover / protect?
  • Discussthe impact of such legislation on your organisation (Please give example within organisation)

how has your organisation adapted, what has been the financial impact and how has the organisation provided for it, what policies and procedures have been implemented, what is the culture of the organisation in regards to these rights, has your organisation got enhanced or merely statutory pay/leave?

Activity 5

Scenario: An employee makes a formal complaint about serious bullying at work. He alleges it is due to his refusal to join a trade union. The bullying has been sufficiently severe to require the employee to seek medical help and is taking medication to help him recover. Explain the grounds and case this employee might be able to bring against the organisation.

5.1 Identify the major requirements of health and safety law

  • Differentiate between bullying and harassment.
  • Discussthe impact of bullying on the organisation and individual Stress, morale, productivity, staff turnover, etc
  • Explaintwo major requirements under H&S law relating to bullying well being, personal injury, employee satisfaction, etc
  • Identify and examine 2 initiatives an organisation can implement to avoid bullying in the workplace

5.2 Explain the significance of implied duties regarding the management of employees at work

  • Explainthe concept and significance of the duty of trust and confidence cooperation, fidelity, respect, fair treatment, etc
  • Is it an express or implied term of the employment contract?
  • Describehow the organisation AND the individual can resolve issues which may amount to a breach of this term

organisation => promote open communication, up to date and fair policies.

employee => follow grievance procedure if an issue arises, cooperate with employer)

  • What happens if it is breached?

the contract of employment as repudiated, if the innocent party is the employee he can resign and claim constructive dismissal

  • Explainwhat constructive dismissal is (ACAS)

5.3 Explain the principles of the law on freedom of association

  • Definefreedom of association and explain how it is protected by law Human Rights Act 1998

Activity 6

Scenario: You work for a small organisation which has never had to take formal disciplinary action against an employee before. A long-standing employee is now suspected of coming to work while under the influence of illegal drugs. Summarise what steps need to be taken and why if the organisation is to minimise the chances of having to defend the case in an employment tribunal.

6.1 Explain the main requirements of unfair dismissal law in respect of capability and misconduct issues

  • Outlineall 5 fair reasons for dismissal and the relevant legislation and identify which one is relevant to this case – (1996)
  • Distinguishbetween capability and misconduct issues (ACAS)

What is the difference between one and the other? What constitutes capability and what misconduct? Is an organisation going to follow the same process to deal with both?

  • Outline and explain best practice to address capability(ACAS)

Performance appraisal, training and development, coaching, mentoring, etc action short of dismissal should be the last resort

6.2 Explain the scope of the right for employees to be accompanied at serious discipline and grievance hearings

  • Identify and explaineach step of the process to guarantee a fair dismissal Apply the whole process to the scenario from suspension to appeal
  • Highlightthe importance of the right to be accompanied
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My Assignment Help (2021) Employment Law [Online]. Available from: https://myassignmenthelp.com/free-samples/laws2026-employment-law/equal-pay-audit-for-larger-organisations.html
[Accessed 27 November 2021].

My Assignment Help. 'Employment Law' (My Assignment Help, 2021) <https://myassignmenthelp.com/free-samples/laws2026-employment-law/equal-pay-audit-for-larger-organisations.html> accessed 27 November 2021.

My Assignment Help. Employment Law [Internet]. My Assignment Help. 2021 [cited 27 November 2021]. Available from: https://myassignmenthelp.com/free-samples/laws2026-employment-law/equal-pay-audit-for-larger-organisations.html.

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