Assess - CIPD L5 EML Unit Guide CC v1

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Assessment

Assessment
Employment law
This assessment covers the following learning outcomes and assessment
criteria.

Learning outcomes Assessment criteria


1 Understand the purpose 1.1 Explain the aims and objectives of
of employment regulation employment regulation.
and the way it is enforced
1.2 Describe the role played by the tribunal and
in practice.
courts system in enforcing employment law.
1.3 Explain how cases are settled before and
during formal legal procedures.

2 Know how to manage 2.1 Identify the main principles of discrimination


recruitment and selection law in recruitment and selection and in
activities lawfully. employment.
2.2 Explain how contracts of employment are
established.

3 Know how to 3.1 Describe when and how contracts can be


manage change and changed lawfully.
reorganisation lawfully.
3.2 Explain the main requirements of redundancy
law.
3.3 Explain the main requirements of the law on
business transfers.

4 Know how to manage 4.1 Identify the major statutory rights workers
issues relating to pay have in the fields of pay, leave and working
and working time time.
lawfully.
4.2 Explain the major requirements of equal pay
law.
4.3 Explain major maternity, paternity and other
family-friendly employment rights.

5 Be able to ensure that 5.1 Identify the major requirements of health and
staff are treated lawfully safety law.
when they are at work.
5.2 Explain the significance of implied duties as
regards the management of employees at
work.
5.3 Explain the principles of the law on freedom
of association.
6 Know how to manage 6.1 Explain the main requirements of unfair
performance and dismissal law in respect of capability and
disciplinary matters misconduct issues.
lawfully.
6.2 Explain the scope of the right for employees
to be accompanied at serious discipline and
grievance hearings.

Intermediate Programme in Human Resource Management 31


Level 5 u Employment Law

Assessment brief
You are the HR Adviser in an organisation and you have been asked to put
together a 30 minute training session for a group of newly recruited line
managers. You can presume that your audience has minimal experience of
managing people, and no experience of employment law.

The presentation you are giving is part of their induction process, and the
brief is to give an overview of the legal issues that they must understand
when managing people. Specifically, you must cover the following.

1 The aims and objectives of employment law. You must


include the role of the employment tribunal and other courts
in the UK in enforcing the law, and the ways of settling
disputes before and during the employment tribunal process.
2 The importance of ensuring that the recruitment and
selection process of new employees is fair. In addressing
this point you must outline the key issues relating to
discrimination and explain how a contract of employment is
created.
3 The law to be aware of as organisations change and develop.
In addressing this you must highlight the processes to be
followed when varying a contract of employment, managing
redundancies and addressing a transfer of undertaking.
4 The key rights that employees have during employment.
Here you must cover working time, pay (including equal pay)
and family friendly rights specifically including maternity and
paternity rights. Highlight the areas that you think are most
important for line managers to know about.
5 The protection that the law gives to employees. Here your
employer has asked you to specifically address health and
safety, the implied duties of the contract of employment and
freedom of association. There should be an example of at
least two implied duties and an explanation of what happens
when these duties are breached (which will include reference
to constructive dismissal).
6 How the law requires disciplinary situations relating to
capability and conduct to be addressed. You must explain
the procedures that line managers have to follow. You must
explain the right of employees to be accompanied during
formal disciplinary or grievance hearings.

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Evidence to be produced/required
You are required to produce

l slides that you will use in your presentation


l notes that you will use during your presentation

Word limit: the notes to accompany the presentation should not be


more than 3900 words. There should be a maximum of 15 slides in the
presentation.

You should relate academic concepts, theories and professional practice


to the way organisations operate, in a critical and informed way, and
with reference to key texts, articles and other publications and by using
organisational examples for illustration.

All reference sources should be acknowledged correctly and a bibliography


provided where appropriate (these should be excluded from the word
count).

Intermediate Programme in Human Resource Management 33

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