Intermediate Certificate/Diploma in HRM

Employment Law 1
EMPLOYMENT LAW

Week 1

Employment law and HR

Employment Law 2
WELCOME MESSAGE

“Hello”
I’m Joe Bloggs, your presenter!

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Employment Law 3
WELCOME
• Expected timing for session
• Participation in interactive
activities
• Interaction via phone or tablet
Please be aware that this webinar
will be recorded and shared with
other learners

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PRESENTATION
AGENDA

What is employment law?

Sources and enforcement of law

Equality and discrimination law

Managing performance and discipline

Impact on HR policies

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YOUR UNIT ROADMAP

Weeks 01 02 03 04 05

Interactive Interactive Interactive Complete Submit

webinar and webinar and webinar assessment assessment
self study self study assessment
briefing

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LEARNING OUTCOMES:
EMPLOYMENT LAW
1 Understand the purpose 1.1 Explain the aims and objectives of employment regulation. Assessment
of employment regulation
and the way it is enforced
in practice. 1.2 Describe the role played by the tribunal and courts system Assessment
in enforcing employment law.
1.3 Explain how cases are settled before and during formal Assessment
legal procedures.
2 Know how to manage 2.1 Identify the main principles of discrimination law in Assessment
recruitment and selection recruitment and selection and in employment.
activities lawfully..
2.2 Explain how contracts of employment are established. Assessment

3 Know how to manage 3.1 Describe when and how contracts can be changed lawfully. Assessment
change and reorganisation
lawfully.
3.2 Explain the main requirements of redundancy law. Assessment

3.3 Explain the main requirements of the law on business Assessment

transfers.

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LEARNING OUTCOMES:
EMPLOYMENT LAW
4 Know how to manage 4.1 Identify the major statutory rights workers have in the fields of Assessment
issues relating to pay pay, leave and working time.
and working time lawfully.
4.2 Explain the major requirements of equal pay law. Assessment

4.3 Explain major maternity, paternity and other family-friendly Assessment

employment rights.

5 Be able to ensure that 5.1 Identify the major requirements of health and safety law. Assessment
staff are treated lawfully
when they are at work.
5.2 Explain the significance of implied duties as regards the Assessment
management of employees at work.
5.3 Explain the principles of the law on freedom of association. Assessment

6 Know how to manage 6.1 Explain the main requirements of unfair dismissal law in Assessment
performance and respect of capability and misconduct issues.
disciplinary matters
6.2 Explain the scope of the right for employees to be Assessment
lawfully.
accompanied at serious discipline and grievance hearings.

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AIMS AND OBJECTIVES

Aim
To introduce key concepts of employment law and understand its impact on HR, including in relation
to forming the employment contract, avoiding discrimination and managing performance and
disciplinary issues

Objectives
• To identify areas of the employment relationship that are impacted by employment regulation
• To understand the law relating to contracts of employment – how they are formed and whether or
not they can be varied
• To be able to explain the key principles in the Equality Act 2010, identify when discrimination could
occur and apply the relevant legal principles
• To know how the law applies to the management of performance and disciplinary issues, including
the basic principles of unfair dismissal law

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WHAT IS EMPLOYMENT LAW?

What do you understand is the purpose or role of employment law?

Share your thoughts on the Chat panel

Does it help or hinder the HR practitioner?

Initial reaction – use a tick or a cross to indicate if you are in favour or against.

We’ll come back to this at the end of the webinar!

Employment Law 10
WHAT IS EMPLOYMENT LAW?

Definition from CIPD

“
COMPLIANCE Regulations
Employment law regulates the
relationship between employers
and employees. It governs what
employers can expect from Guidelines RULES
employees, what employers can
ask employees to do, and
“
employees’ rights at work.

CIPD 2018https://www.cipd.co.uk/knowledge/fundamentals/emp-law

Employment Law 11
THE SOURCES OF LAW

There are four main sources

• Common law – law made by judges, such as

the elements of a legally binding contract
• Legislation – law made by Parliament, eg Acts,
Regulations
• Case law – binding principles of law made by
judges when interpreting statute
• EU law – laws emanating from the European
Union (impact of Brexit)

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HOW CASE LAW WORKS/COURT HIERARCHY

Common law and case law are derived from judicial decisions of courts and tribunals.
Appeals are made to higher courts. Lower courts must follow the legal principles established in the higher
courts.
Employment Tribunal

Employment Appeals Tribunal

ECJ

Court of Appeal

Supreme Court

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ROLE OF THE EMPLOYMENT TRIBUNAL
Employment
• Has jurisdiction to hear and decide most employment disputes
Tribunals
• It’s an ‘informal’ tribunal – presided over by an employment judge
• Judge often sits alone – in discrimination cases it sits as a tripartite panel
• It makes decisions on the facts
• Applying principles of law – it must follow decisions of the EAT, Court of Appeal, Supreme Court
and ECJ
• ET decisions are not binding except on the parties to the case – the decisions provide interesting
examples of how the tribunal applies the law to particular circumstances and the remedies
awarded
• Appeals from ET decisions can be made only on questions of law
• Its powers include declarations of rights, awards of compensation, orders of reinstatement or
re-employment

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KEY LEGISLATION AND IMPACT ON HR

STATUTE IMPACT ON HR FUNCTION

Employment Rights Act 1996
Equality Act 2010
Health and Safety at Work Act 1974
National Minimum Wage Act 1998
Shared Parental Leave Regulations 2014
Trade Union and Labour Relations (Consolidation)
Act 1992

Transfer of Undertakings (Protection of

Employment) Regulations 2006

Working Time Regulations 1998

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EQUALITY AND DISCRIMINATION LAW

Equality Act 2010

Who is protected? Can you list the protected characteristics?

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WHAT IS DISCRIMINATION?

What are the legal definitions of discrimination?

Use the arrows (with your name on) and give one type of discrimination you believe is covered by the
Act.

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HOW ARE THESE RELEVANT TO HR POLICY AND PRACTICE?

Again, using your arrows, indicate which areas of HR practice you believe are impacted by the
discrimination laws.

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WHEN IS DISCRIMINATION LAWFUL?

Defences to discrimination claims

• Justifiable – applies to indirect discrimination and direct age or disability discrimination. Is the
discrimination a ‘proportionate means to achieve a legitimate aim’?
• Occupational requirements – Schedule 9 Equality Act 2010

Positive action vs positive discrimination

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CASE – HOW WOULD YOU DECIDE IT?

McE worked as an electrician for the Ministry of Defence. He

claimed that his security clearance was revoked when he
announced his candidacy for deputy leader of the Scottish
Nationalist Party, and that he was suspended and questioned
about his belief in Scottish independence. He resigned and
claimed discrimination on the basis that his belief in Scottish
independence was a philosophical belief.

1. What do you think? Is a belief in Scottish independence a

‘philosophical belief’ for the purposes of the definition in the
Equality Act 2010?
2. How did you reach your decision?

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MANAGING PERFORMANCE AND DISCIPLINE

Why is the law important?

Employment Rights Act 1996

UNFAIR
• Meaning of dismissal
• Potentially fair reasons for dismissal
• Automatically unfair reasons for dismissal
• Conduct/capability – what is a fair procedure?
• Where will you find it?

• Impact on HR policies

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WHAT IS A PROPER PROCEDURE?

What is a proper procedure in

1. capability cases?
2. conduct cases?

Why is it important?

What do you think is the right procedure? Put up

your hand to open your mic, or put your answers
in the Chat panel.

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SUMMARY

It is important to be aware of those areas of the employment relationship that are regulated by law, and to
be able to explain the implications of the law for good practice at work.

• Do you understand the sources of employment law, its purpose and how it is enforced?
• Can you explain the basic provisions of the Equality Act 2010 and explain how they affect employment
practice; in particular, recruitment and selection?
• Can you explain the main principles of unfair dismissal law as it applies to managing discipline and
performance issues, and do you know the legal requirements regarding employees being accompanied
in disciplinary and grievance proceedings?

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NEXT STEPS

Week 1 – Interactive webinar and start your

self-study activities on the VLE

Week 2 – Attend interactive webinar and

complete your self-study activities on
the VLE

Week 3 – Attend interactive assessment briefing

webinar and start your assessment

Week 4 – Continue with your assessment

Week 5 – Complete and submit assessment on

the VLE

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WHAT QUESTIONS DO YOU
HAVE?

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CIPD L5 EML Wk1 v1 #molcipd
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