5OS01 Specialist employment law
- February 7, 2024
- Posted by: admin
- Category: CIPD Level 5
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.
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
|Roles of Employment Regulation
|Achieving social justice, fairness, and inclusion at work.
|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 Appeal Tribunal
|Court of Appeal
|European Court of Justice
|Overview of court hierarchy in enforcing employment law.
AC 1.3 How Cases Are Settled Before and During Legal Procedures
|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
|Equality Act 2010
|Direct and indirect discrimination, harassment, victimization.
|Implementing discrimination law, evaluating relevant cases.
AC 2.2 Legal Requirements of Equal Pay
|Equal Pay Principles
|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
|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
|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
|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.