5OS01 Specialist employment law
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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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