This unit considers the legal framework in the UK relating to key areas of employment law. It is concerned with how that framework is applied in practice and how people professionals must use the law to manage the employment relationship effectively, ensuring compliance whilst also understanding the business environment and how it changes.
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Your 7OS01 assignment questions will closely follow these assessment criteria. Here's what the marker is looking for in each one.
Cover the core purpose of employment regulation — protecting workers from exploitation, promoting fairness, correcting power imbalances, and providing a framework for the employment relationship. Discuss how regulation is enforced through employment tribunals, courts, regulatory bodies (HMRC, HSE, EHRC), and the role of ACAS. The marker expects critical evaluation: assess the effectiveness of enforcement mechanisms and consider arguments that regulation can be both protective and burdensome.
Cover the hierarchy of legal sources — primary legislation (Acts of Parliament), secondary legislation (statutory instruments), common law (judicial precedent), European retained law, and codes of practice. Explain the role of institutions — Parliament, courts, employment tribunals, ACAS, the EHRC, and regulatory bodies. The marker wants a clear, accurate explanation that demonstrates understanding of how the legal framework operates as a system, not just isolated rules.
Cover the formation of employment contracts, express and implied terms, statutory terms, the distinction between employees and workers, mutuality of obligation, personal service, and control. Discuss variation of contract, breach of contract, and wrongful dismissal. The marker expects clear explanation of how contract law principles apply specifically in the employment context, with reference to key case law where appropriate.
Cover the tribunal system — composition, jurisdiction, procedure, time limits, early conciliation through ACAS, remedies, and the appeals process (EAT, Court of Appeal, Supreme Court). Critically evaluate the system's effectiveness — accessibility, cost, delays, success rates, and whether the tribunal system genuinely provides justice for both employers and employees. The marker expects a balanced assessment that considers recent reforms and ongoing debates about tribunal effectiveness.
Cover the legal framework governing recruitment and selection — Equality Act 2010 (protected characteristics, direct and indirect discrimination, genuine occupational requirements), data protection (GDPR, privacy), right to work checks, Disclosure and Barring Service requirements, and the Rehabilitation of Offenders Act. Analyse how these requirements affect recruitment practice in practical terms. The marker expects application to real scenarios, not just a list of legal provisions.
Cover the Working Time Regulations (maximum working week, rest breaks, annual leave entitlements), National Minimum Wage and National Living Wage, the Equality Act as it relates to equal pay, statutory sick pay, and maternity/paternity/shared parental leave. Analyse how these provisions affect employers and employees in practice. The marker expects you to go beyond describing the rules to explaining how they create practical challenges and compliance obligations for organisations.
Cover trade union recognition, collective bargaining rights, the right to be accompanied, protection against detriment and dismissal for trade union activities, and the legal framework governing industrial action (ballot requirements, notice, protected and unprotected action). Evaluate the balance the law strikes between employer and employee interests. The marker expects evaluation — assess whether the current legal framework effectively manages the tension between collective worker voice and business needs.
Cover the employer's obligations — duty of care, health and safety, data protection, managing performance, handling grievances, reasonable adjustments for disability, and managing absence. Discuss TUPE, restructuring, and the legal implications of flexible working requests. The marker expects analysis from a practical employer perspective — how do these legal obligations shape day-to-day management decisions and what are the risks of non-compliance?
Cover the statutory framework for unfair dismissal — qualifying service, potentially fair reasons (capability, conduct, redundancy, illegality, SOSR), the test of reasonableness, automatically unfair reasons, and constructive dismissal. Cover wrongful dismissal (breach of contract) and the distinction between the two. Cover redundancy — definition, selection criteria, consultation requirements, and statutory redundancy pay. The marker expects detailed analysis with reference to key case law.
Cover the ACAS Code of Practice on disciplinary and grievance procedures, the principles of natural justice (the right to be heard, the right to be accompanied, the right to appeal), and the concept of the 'reasonable employer' test (the band of reasonable responses). Evaluate how these principles operate in practice and the consequences of failing to follow them. The marker expects evaluation — assess how well the ACAS Code and fairness principles protect employees while allowing employers to manage effectively.
Cover the legal definition of redundancy, the requirement for genuine redundancy, collective consultation obligations (s.188 TULRCA), individual consultation, selection criteria and methodology, suitable alternative employment, and trial periods. Critically evaluate how organisations apply redundancy law in practice — common pitfalls, the risk of unfair selection, and the challenges of managing large-scale redundancies. The marker expects engagement with case law and practical examples.
Cover practical guidance for managers and people professionals — conducting investigations, holding disciplinary hearings, managing performance improvement plans, handling appeals, and managing the exit process with dignity. Discuss the importance of keeping accurate records, following procedures consistently, and seeking legal advice in complex cases. The marker expects practical, actionable advice that demonstrates you can apply legal principles to real workplace situations.
Cover the Equality Act 2010 — the nine protected characteristics, types of discrimination (direct, indirect, harassment, victimisation), the concept of reasonable adjustments, and the public sector equality duty. Cover the burden of proof in discrimination claims. The marker expects critical evaluation — assess the effectiveness of discrimination law in achieving its objectives, consider enforcement challenges, and discuss the evolving case law that shapes interpretation.
Cover the Equality Act provisions on equal pay — like work, work rated as equivalent, work of equal value, the genuine material factor defence, and pay gap reporting requirements. Critically assess the practical challenges — conducting equal pay audits, addressing historical pay inequities, and managing the cost and disruption of resolving equal pay claims. The marker expects engagement with the ongoing gender pay gap debate and practical strategies for achieving pay equity.
Cover the Human Rights Act 1998 and relevant European Convention rights — right to a fair trial (Article 6), right to respect for private and family life (Article 8), freedom of thought, conscience and religion (Article 9), freedom of expression (Article 10), and freedom of assembly and association (Article 11). Analyse how these rights affect employment decisions — monitoring, dress codes, religious observance, whistleblowing, and privacy. The marker expects analysis that connects legal provisions to practical people management dilemmas.
Cover practical strategies — developing equality and diversity policies, equality impact assessments, diversity monitoring, handling complaints, positive action (not positive discrimination), and building inclusive cultures. Advise on how organisations can go beyond legal compliance to create genuinely inclusive workplaces. The marker expects actionable advice that demonstrates understanding of both the legal requirements and the business case for proactive management of equality, diversity, and human rights.
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