5OS01 Specialist employment law 

Unit Overview:

5OS01 Specialist employment law is a specialised unit focusing on employment legislation and the role of people professionals in ensuring compliance with legal requirements in various people practice roles and responsibilities.

Learning Objectives:

CIPD students should aim to understand:

• The purpose and enforcement of employment regulation.
• The roles of tribunal courts in employment law.
• Settling cases before and after legal procedures.
• Discrimination law.
• Redundancy law.
• Change in contracts.
• Lawfully managing pay and working time.
• Flexible working regulations.

AC 1.1 Aims and Objectives of Employment Regulation

Learning Objective	Explanation
Roles of Employment Regulation	Achieving social justice, fairness, and inclusion at work.
Economic Arguments	Protecting employees against slavery, discrimination, and unjust acts. Understanding negative arguments related to legislation complexity and opposition groups.

AC 1.2 Role of Tribunal and Court Systems in Enforcing Employment Law

Employment Tribunal	Employment Appeal Tribunal	Court of Appeal	Supreme Court	European Court of Justice	County Court	High Court
Explanation	Overview of court hierarchy in enforcing employment law.

AC 1.3 How Cases Are Settled Before and During Legal Procedures

Settlement Process	Examples to Reconsider
Role of ACAS and COT3	Financial settlement, writing ‘without prejudice’ agreements.
Discussion and negotiation	Voluntary engagement, importance of legal advice.

AC 2.1 Principles of Discrimination Law in Recruitment, Selection, and Employment

Protected Characteristics	Discrimination Concepts
Equality Act 2010	Direct and indirect discrimination, harassment, victimization.
Reasonable Adjustments	Implementing discrimination law, evaluating relevant cases.

AC 2.2 Legal Requirements of Equal Pay

Equal Pay Principles	Compliance Reviews
Equal pay claims significance	Reviewing cases, ensuring organizational compliance.

AC 3.1 Legal Implications of Managing Change

Lawful Change Processes	Risks and Legal Requirements
Consultation, agreement, dismissal	Risks of contract breach, ‘stand and sue’, discrimination risks.

AC 3.2 Legal Requirements Relating to Transfers of Undertakings

Relevant Legislations	Employee Rights
TUPE Regulations	Information rights, consequences of legislation breach.

AC 4.1 Statutory Workers’ Rights in Relation to Pay

Pay Laws and Regulations	Linking Pay to Working Time and Absence
Wages, statutory pay rates	Itemised pay statements, absence due to sickness.

AC 4.2 Statutory Rights in Leave and Working Time

Working Time Legislation	Employee Entitlements
Annual leave, maximum working hours	In-work rest periods, pay on annual leave, night workers.

AC 4.3 Principles of Maternity, Paternity, and Adoption Rights

Maternity, Paternity, Adoption Rights	Qualifying Periods
Pay during maternity leave, off days	Qualifications for employees taking paternity and adoption.

AC 4.4 Employment Rights Relating to Flexible Working

Employee Rights on Different Work Arrangements	Employer’s Basis for Refusal
Paid and unpaid time off, working during holidays	Refusal based on care responsibilities and religious grounds.

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