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Intermediate Certificate/Diploma in HRM

Employment Law 1
EMPLOYMENT LAW

Week 2

Individual employment protection rights/changes to


the employment relationship

Employment Law 2
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

Formation of the employment contract

Variation of the employment contract

Individual employment protection rights

Trade unions and the law

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

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

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 4.1 Identify the major statutory rights workers have in the Assessment
manage issues fields of pay, leave and working time.
relating to pay
4.2 Explain the major requirements of equal pay law. Assessment
and working time
lawfully.
4.3 Explain major maternity, paternity and other family- Assessment
friendly employment rights.

5 Be able to ensure 5.1 Identify the major requirements of health and safety Assessment
that staff are treated law.
lawfully when they
5.2 Explain the significance of implied duties as regards Assessment
are at work.
the management of employees at work.
5.3 Explain the principles of the law on freedom of Assessment
association.
6 Know how to 6.1 Explain the main requirements of unfair dismissal law Assessment
manage in respect of capability and misconduct issues.
performance and
6.2 Explain the scope of the right for employees to be Assessment
disciplinary matters
accompanied at serious discipline and grievance
lawfully.
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
Objectives
• To consider the extent and application of individual employment rights including pay, working time
and family-friendly rights
• To be able to advise managers on the legal constraints in relation to changes to the employment
relationship including variation of contract, redundancies and business transfers

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CONTRACTS OF EMPLOYMENT

Statutory definition – s.230 ERA


Common law requirements of a binding contract
Statutory statement of terms and conditions

Changing the terms of a contract?


Why?
How?
Consequences?

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CHANGES TO THE EMPLOYMENT RELATIONSHIP

Variation of the contract – what are the risks?

Redundancy – what does it mean? what is the


legal definition?

What are the consequences?

Write in the chat panel


– what procedure should you follow?

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CHANGES TO THE EMPLOYMENT RELATIONSHIP

Business transfer
Using your arrows, write in this space – in what circumstances would a ‘transfer of undertaking’ take
place?

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INDIVIDUAL EMPLOYMENT PROTECTION RIGHTS – PAY

Equal pay
– When does the Equality Act 2010 apply?

Sick pay
– What is the legal minimum requirement?
– What does your organisation offer?
– What are the benefits of enhanced pay? What is its status in law?

Minimum wage
– What are the legal requirements?
– What are the difficulties for employers who pay minimum wage, particularly in the light of recent
case law?

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INDIVIDUAL EMPLOYMENT PROTECTION RIGHTS

FAMILY FRIENDLY RIGHTS


What rights exist to help women and families?

Family-friendly right Source

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TRADE UNIONS AND THE LAW

What rights apply to


– trade unions?
– trade union members and officers?

Trade union recognition – helpful or hindrance?

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DISCIPLINARY AND GRIEVANCE

An individual has a statutory right to be accompanied to serious


disciplinary and grievance proceedings – what does this mean?

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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.

• Are you able to explain the extent and application of individual employment rights including pay,
working time and family-friendly rights?
• Are you able to advise managers on the legal constraints in relation to changes to the employment
relationship including variation of contract, redundancies and business transfers?

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NEXT STEPS

Week 1 – Interactive webinar and start your


self-study activities on the VLE

Week 2 – 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?

Employment Law 18
CIPD L5 EML WK2 LOL v1.2 #molcipd
@MOLlearn

T 0345 203 2103


T 0161 203 2103

enquiries@mollearn.com
www.mollearn.com

Employment Law 19

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