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.
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Your 5OS01 assignment questions will closely follow these assessment criteria. Here's what the marker is looking for in each one.
You need to critically assess why employment regulation exists — covering its role in achieving social justice, inclusion, and fairness in the workplace. Present both sides: the arguments in favour of regulation (protection against discrimination, unfair dismissal, slavery, child labour) and the arguments against (legislation too complex, not always a deterrent, poorly drafted, may inhibit job creation). The marker wants evaluation, not just description — so weigh up the effectiveness of regulation and identify which groups support or oppose greater regulation.
Cover the hierarchy of courts and institutions that hear employment-related matters: Employment Tribunal, Employment Appeal Tribunal, Court of Appeal, Supreme Court, European Court of Justice, County Court, and High Court. Explain the role of each and how the appeal system works. The marker wants you to demonstrate clear understanding of how employment law is enforced in practice — not just list the courts, but explain their jurisdiction and the routes through the system.
Cover the protected characteristics under the Equality Act 2010 and the different forms of discrimination: direct, indirect, harassment, victimisation, discrimination by association, discrimination by perception, and discrimination arising from disability. Explain reasonable adjustments, defences, occupational requirements, and the use of comparators. Include remedies and reference relevant cases. The marker wants thorough, accurate legal knowledge applied specifically to recruitment and selection contexts.
Cover the principles of equal pay law, the concept of equal work (like work, work rated as equivalent, work of equal value), defences available to employers against equal pay claims, and the remedies available to claimants. Reference relevant cases. The marker also wants you to discuss how organisations can conduct equal pay reviews to ensure compliance and proactively address pay inequalities.
Cover the lawful processes for changing employment contracts: consultation and gaining agreement, unilateral change, dismiss and re-engage (fire and rehire), and variation through collective bargaining. Discuss the risks: breach of contract, constructive dismissal, 'stand and sue' claims, and discrimination. Include flexibility clauses and how they operate. The marker wants a thorough discussion of the legal landscape around contract variation — a topic that is highly topical and frequently examined.
Cover the legal definition of redundancy, entitlement to statutory redundancy pay, individual and collective consultation rights, other statutory rights (notice, holiday), selection pools, points systems vs selection systems, and discrimination risks. Reference relevant cases. The marker wants clear, accurate knowledge of redundancy law that demonstrates you understand both the substantive requirements and the procedural obligations.
Cover TUPE (Transfer of Undertakings Protection of Employment Regulations) — what constitutes a relevant transfer, the obligation to provide employee liability information, the rights of affected individuals to information and consultation, and the remedies available if legislation is breached. Reference relevant cases. The marker wants you to demonstrate understanding of how TUPE protects employees during business transfers and what obligations this places on employers.
Cover the Working Time Regulations — maximum working hours, in-work rest periods, rest between shifts, annual leave entitlements, and how to calculate pay during annual leave. Include reference periods, provisions for night workers, sickness absence (short and long term), differences for young adults, and available remedies. Reference relevant cases. The marker wants comprehensive, practical knowledge of working time legislation.
Cover the rights to leave and pay during maternity, paternity, and adoption. Include shared parental leave and pay, keeping in touch (KIT) days and shared parental leave in touch (SPLIT) days, time off for antenatal care, and qualifying periods of service. The marker wants you to demonstrate clear, up-to-date knowledge of family-related employment rights and how they apply in practice.
Cover the right to request flexible working, including who qualifies and the grounds on which requests can be made (e.g. religious grounds, caring responsibilities). Explain the reasons employers can legitimately refuse flexible working requests, available remedies, and rights to paid and unpaid time off. Include shift, weekend, and bank holiday working. The marker wants practical knowledge of flexible working rights — an area of growing importance in modern employment law.
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