AC 1.1 An evaluation of at least three aims/objectives of employment regulation.

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5OS01 Specialist employment law

Learner assessment brief

Version: AVADO_5OS01_23_11

Level 5

Associate Diploma in People Management

5OS01 – Specialist employment law

This unit explores key areas of employment legislation and its legal framework. It focuses on how people professionals are obliged to take account of legal requirements in different jurisdictions when carrying out the varied aspects of their role.

CIPD’s insight factsheets

CIPD provide a number of factsheets in relation to employment law:

Recruitment
Terms and conditions of employment
Employees and workers
Holiday entitlement and pay
Working time
Maternity and parental rights
Sex discrimination
Equal pay
Disability, race, religion and belief, sexual orientation discrimination
Discipline and grievance
Dismissal
Employment tribunals
TUPE
Redundancy

Follow this link to access CIPD’s factsheets and learn more about employment law.

You can also use these links to learn about: Employment law in the UK and how it is made

You can follow this link to access a number of informative podcasts

Case Study

Asta Research Labs (ARL) is an innovative scientific organisation. Its goal is to research digital health solutions and transform medicine development in the future. It is a small UK company based in Cambridge and until recently employed 30 staff. It was set up by two biologists around five years ago, and they manage the operations of the company in addition to carrying out their own research.

Due to the global pandemic, ARL have received funding from a number of organisations to develop its research, which has resulted in the recruitment of over 60 new staff, including 15 managers. The recruited managers are excellent biologists but have limited management experience dealing with HR-related matters.

Up until recently, the organisation has not had a HR department, with most HR tasks carried out by one of the Senior Directors. However, a number of grievances and employment cases have been raised and must be addressed.

You have been appointed as an external consultant for ARL. You will provide employment legislation advice to the organisation with the aim of helping them reduce the number of complaints and grievances.

Preparation for tasks:

At the start of the assignment, you are encouraged to plan your assessment work with your assessor and, where appropriate, agree milestones so that they can help you monitor your progress.
Refer to the indicative content in the unit guide and support your evidence.
Pay attention to how your evidence is presented. Remember, you are working in the People Development Team for this task.
Ensure that the evidence generated for this assessment remains your own work.

You will also benefit from:

Acting on formative feedback from your assessor
Reflecting on your own experiences of learning opportunities, training and continuing professional development
Taking advantage of the CIPD factsheets, reports and podcasts, and any other online material on these topic

Task: Written guidance

Produce a written guide for managers at ARL. The guidance will include written responses to the following questions:

An evaluation of at least three aims/objectives of employment regulation. (AC1.1)
An examination of the role played by the tribunal and courts system in enforcing employment law covering the hierarchy of the court system in the UK. (AC1.2)
An explanation of how employment cases are settled before the start of legal proceedings, outlining the role of ACAS, including the early conciliation process and use of COT3 and an explanation of settlement agreements. (AC1.3)
Evaluate the principles of discrimination law and outline the requirements of it in recruitment, selection, and employment. (AC2.1)
Discuss the legal requirements of equal pay law and how to defend an equal pay claim and how to conduct pay reviews. (AC2.2)
Explain the major statutory rights workers have in relation to pay. (AC4.1)
Discuss the legal implications of managing change. (AC3.1)
Explain the legal requirements relating to the transfer of undertakings. (AC3.2)
Explain the major statutory rights in leave and working time. (AC4.2)

10. Explain other employment rights relating to flexible working. (AC4.4)

11. Explain the main principles of maternity, paternity, and adoption rights in the context of employment rights. (AC4.3)

Your evidence must consist of:

Written responses of approximately 3900 words (+ or – 10%). Please use the assessment criteria as your headings.

Assessment criteria checklist

Use this as a checklist to make sure you have included the required evidence to meet the task.

	Assessment Criteria
1.1	Evaluate the aims and objectives of employment regulation.
1.2	Examine the role played by the tribunal and courts system in enforcing employment law.
1.3	Explain how cases are settled before and during formal legal procedures
2.1	Evaluate the principles of discrimination law in recruitment, selection, and employment
2.2	Discuss the legal requirements of equal pay.
4.1	Explain the major statutory rights workers have in relation to pay.
3.1	Discuss the legal implications of managing change.
3.2	Explain the legal requirements relating to transfer of undertakings.
4.2	Explain the major statutory rights in leave and working time.
4.4	Explain other employment rights relating to flexible working.
4.3	Explain the main principles of maternity, paternity, and adoption rights in the context of employment rights.

Assessment criteria marking descriptors:

Assessors will mark in line with the following assessment criteria (AC) marking descriptors, and will indicate where the learner sits within the marking band range for each AC.

Assessors must provide a mark from 1 to 4 for each assessment criteria within the unit. Assessors should use the mark descriptor grid as guidance so they can provide comprehensive feedback that is developmental to leaners.

Please be aware that not all the mark descriptors will be present in every assessment criterion, so the assessor must use their discretion in marking grading decisions.

The grid below shows the range for each unit assessment results based on total number of marks awarded across all assessment criteria.

To pass the unit assessment learners must achieve a 2 (Low Pass) or above for each of the assessment criteria.

The overall result achieved will dictate the outcome the learner receives for the unit, provided NONE of the assessment criteria have been failed or referred.

Please note that learners will receive a Pass or Fail result from the CIPD at unit level. Referral grades can be used internally by the centre.

Overall mark	Unit result
0-21	Fail
22-28	Low Pass
29-35	Pass
36-44	High Pass

Marking Descriptors

Mark	Range	Descriptor
1	Fail	Insufficient demonstration of knowledge, understanding or skills (as appropriate) required to meet the AC. Insufficient examples included, where required, to support answers. Presentation and structure of assignment is not appropriate and does not meet the assessment brief. Insufficient or no evidence of the use of references to wider reading to help inform answer.
2	Low Pass	Demonstrate an acceptable level of knowledge, understanding or skills (as appropriate) required to meet the AC. Sufficient and acceptable examples included, where required, to support answers. Required format adopted but some improvement required to the structure and presentation of the assignment. Answers are acceptable but could be clearer in responding to the task and presented in a more coherent way. Sufficient evidence of the use of references to wider reading to help inform answer.
3	Pass	Demonstrates good knowledge, understanding or skills (as appropriate) required to meet the AC. Includes confident use of examples, where required, to support each answer. Presentation and structure of assignment is appropriate for the assessment brief. Answers are clear and well expressed. Good evidence of the use of references to wider reading to help inform answer.
4	High Pass	Demonstrates a wide range of confident level of knowledge, understanding or skill (as appropriate). Includes strong examples that illustrate the point being made, that link and support the answer well. Answers are applied to the case organisation or an alternative organisation. Answers are clear, concise, and well argued, directly respond to what has been asked. The presentation of the assignment is well structured, coherent, and focusses on the need of the questions. Considerable evidence of the use of references to wider reading to inform answer.

Example Answer - Plagiarised Content

AC 1.1: An Evaluation of Aims/Objectives of Employment Regulation

Employment regulation serves several key objectives aimed at creating a fair, safe, and productive work environment. In the context of Asta Research Labs (ARL), understanding these aims is crucial for addressing grievances and improving HR practices. Here are three primary objectives of employment regulation:

1. Ensuring Fair Treatment and Non-Discrimination

Objective: One of the fundamental aims of employment regulation is to ensure that all employees are treated fairly and without discrimination. This includes enforcing laws related to equal opportunities and prohibiting discriminatory practices based on race, gender, age, disability, sexual orientation, religion, or any other protected characteristic.

Evaluation: For ARL, ensuring fair treatment is crucial, especially given the recent expansion and diverse recruitment. Effective implementation of non-discrimination policies helps in creating a more inclusive workplace, which can enhance employee satisfaction and reduce grievances related to unfair treatment. As ARL scales up, it is essential to establish clear anti-discrimination policies and training programmes to foster a respectful work environment and mitigate the risk of discrimination complaints.

2. Promoting Health and Safety

Objective: Employment regulation aims to protect employees` health and safety by setting standards for working conditions, equipment, and procedures. This includes guidelines on workplace safety, risk assessments, and the management of occupational health hazards.

Evaluation: As ARL transitions from a small organisation to a larger entity with over 60 new staff members, maintaining a safe working environment becomes increasingly complex. Implementing comprehensive health and safety protocols is vital to prevent accidents and work-related illnesses. Regular risk assessments and adherence to safety regulations not only protect employees but also help in avoiding legal issues and potential compensation claims related to workplace injuries.

3. Ensuring Fair Employment Practices

Objective: Employment regulation aims to establish fair practices concerning employment contracts, wages, working hours, and dismissal procedures. This includes ensuring that employees are compensated fairly for their work, that their working hours comply with legal standards, and that any terminations are handled in accordance with the law.

Evaluation: For ARL, developing and implementing clear employment contracts and policies is crucial as they manage a growing workforce. Fair employment practices help in preventing disputes related to wages, hours, and termination. By ensuring that employment contracts are transparent and that all HR policies are in line with legal requirements, ARL can reduce the number of grievances and legal disputes, contributing to a more stable and harmonious workplace.

Continued...

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