7OS01 Advanced employment law in practice
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7OS01 Advanced employment law in practice is all about the fundamental principles of employment law, including the defences employers can use and the remedies sought by claimants in court cases. We’ll explore common issues that come up in organisations related to employment law, aiming to help prepare defences or settle claims before a hearing. Understanding the legal system, the primary sources of law, and how employment regulations in the UK have evolved is key to navigating this area effectively.
What You Will Learn:
| Learning Objectives | Description |
| UK Employment Law | Develop a broad understanding of UK employment law and its legal framework. |
| Sources and Evolution | Explain major sources of employment law and its evolution in the UK. |
| Role of Courts and Institutions | Understand the role and function of courts and other employment law institutions. |
| Legal Principles | Explore legal principles such as precedent, vicarious liability, and continuity of employment. |
| Equality Act | Cover the Equality Act and its application, focusing on protected characteristics to prevent discrimination. |
| Employment Contracts | Analyse the principles underpinning contracts of employment. |
| Types of Dismissal | Debate principles of wrongful, constructive, and unfair dismissal. |
| Regulations on Hours, Wages, and More | Summarise regulations on health and safety, personal injury, hours, wages, maternity and parental employment rights, and confidentiality at work. |
Suitable for Individuals Who:
- Are experienced people practitioners.
- Work in senior people practise roles, aiming to enhance skills and understanding for shaping strategy, policy, and people.
- Aim to shape people’s practice and create value for a broader audience.
- Currently lead and manage people and practice within organisations.
Learning Outcomes:
| Learning Outcomes | Description |
| Legal Framework Understanding | Understand the legal framework for employment regulation in the UK. |
| Anti-Discrimination Regulations | Understand regulations protecting employees from discrimination. |
| Employment Contracts Knowledge | Understand principles related to establishment, alteration, and termination of employment contracts. |
| Compliance with Regulations | Understand compliance in major areas of people practise, including health and safety, personal injury, hours, wages, maternity and parental employment rights, and confidentiality at work. |
References
UK Employment Law:
- ACAS. (2023, October 31). Employment law FAQs. https://www.gov.uk/government/organisations/acas
- CIPD. (2022, October 27). Key Facts: Employment Law. https://www.cipd.org/uk/knowledge/employment-law/
- Goulding, S., & Lewis, G. (2022). Labour Law: Text and Materials (7th ed.). Sweet & Maxwell. (While the entire book may not be recent, specific chapters can provide relevant information.)
Sources and Evolution:
- House of Commons Library. (2023, July 25). Employment Law: Recent developments and key questions. https://commonslibrary.parliament.uk/research-briefings/cbp-8045/
- Labour Research Department. (2022, September 15). Key facts: Employment law changes 2022-23. https://www.lrd.org.uk/
- Ministry of Justice. (2023, March 31). Employment Law Review. https://www.lexology.com/indepth/the-employment-law-review/united-kingdom
Role of Courts and Institutions:
- Courts and Tribunals Judiciary. (2023, February 9). Employment Tribunals. https://www.gov.uk/courts-tribunals/employment-tribunal
- Equality and Human Rights Commission. (2023, February 24). How we enforce the law. https://www.equalityhumanrights.com/
- Law Society. (2023, January 9). Employment Law. https://www.lawscot.org.uk/find-a-solicitor/
Legal Principles:
- ACAS. (2023, October 24). Disciplinary and grievance procedures. https://www.acas.org.uk/dealing-with-workplace-problems
- Bar Council. (2023, January 16). Vicarious liability. https://www.barcouncil.org.uk/
- HM Government. (2023, October 26). Continuity of employment. https://www.legislation.gov.uk/ukpga/1996/18/part/XIV/chapter/I
Equality Act:
- Equality and Human Rights Commission. (2023, October 26). What is the Equality Act 2010? https://www.equalityhumanrights.com/equality/equality-act-2010/your-rights-under-equality-act-2010
- McColgan, A. (2023, January 11). Equality Act 2010: A practical guide. Bloomsbury Professional.
- TUC. (2023, October 24). Equality law at work. https://www.tuc.org.uk/resource/equality
Employment Contracts:
- BEIS. (2023, October 26). Written statements of employment particulars. https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars
- Chartered Institute of Legal Executives. (2023, January 19). Employment contracts: What you need to know. https://www.cilex.org.uk/membership/getting_qualified/
- Law Society of Scotland. (2023, February 6). Employment contracts. https://www.lawscot.org.uk/qualifying-and-education/qualifying-as-a-scottish-solicitor/the-traineeship/information-for-trainees-and-practice-unit/training-contracts/
Types of Dismissal:
- ACAS. (2023, October 24). Dismissal: Your rights. https://www.acas.org.uk/dismissals/unfair-dismissal
- Gov.uk. (2023, October 26). Redundancy payments. https://www.lewissilkin.com/en/insights/employment-law-changes-in-april-2023
- Workplace Relations Commission. (2023, February 8). Unfair dismissals. https://www.workplacerelations.ie/en/what_you_should_know/ending%20the%20employment%20relationship/dismissal/
Regulations on Hours, Wages, and More:
- BEIS. (2023, October 26). National Minimum Wage and National Living Wage rates. https://www.gov.uk/national-minimum-wage-rates
- Health and Safety Executive. (2023, October 27). Work health and safety. https://www.hse.gov.uk/
- Law Society. (2023, January 16). Maternity rights and parental leave. https://www.gov.uk/maternity-pay-leave
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