1.1 Evaluate the aims and objectives of employment regulation.
5OS01 Specialist employment law
|
Learner Assessment Brief
|
Assessment ID / CIPD_5OS01_23_01
|
Level 5 Associate Diploma in
- People Management
- Organisational Learning and Development
|
Version 1 - January 2023, the last moderation window for results for this assessment brief is January 2025
Please write clearly in block capitals.
|
Centre number:
|
1
|
1
|
5
|
2
|
Centre name:
|
Lifetime Training
|
Learner number (1st 7 digits of CIPD Membership number):
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
Learner surname:
|
BLOGGS
|
Learner other names:
|
JOE (AS PER MEMBERSHIP NAME)
|
|
Unit code:
|
5OS01
|
Unit title:
|
Specialist employment law
|
Assessment ID:
|
CIPD_5OS01_23_01
|
Assessment start date:
|
X
|
Assessment submission date:
|
X
|
First resubmission date for centre marking – if applicable
|
|
Second resubmission date for centre marking – if applicable
|
|
Declared word count
|
X words
|
|
Assessor name:
|
|
Assessor signature:
|
|
|
IQA name (if applicable):
|
|
IQA signature (if applicable):
|
|
|
|
|
|
|
|
|
|
|
|
|
This unit considers key areas of employment legislation and its legal framework, focusing on how people professionals are obliged to take account of legal requirements in different jurisdictions when carrying out the varied aspects of their role.
Preparation for the Tasks:
- At the start of your 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 to guide and support your evidence.
- Pay attention to how your evidence is presented.
- Ensure that the evidence generated for this assessment remains your own work.
You will also benefit from:
- Completing and acting on formative feedback from your Assessor.
- Reflecting on your own experiences of learning opportunities and continuous professional development.
- Reading the CIPD Insight, Fact Sheets and related online material on these topics as well as key research authors on the subject.
Context
Peachy Desserts Ltd is a small chain of dessert restaurants. The business is owned by sisters, Charlotte and Madeleine, and has grown from a single restaurant that opened in December 2018, to a chain that consists of 10 branches and 60 employees. All restaurants are located within a 30 mile radius. Each store is staffed by a manager, a supervisor, and several full-time/part-time sales assistants. Despite Covid lockdowns the business has flourished, combining dining in, takeaway and home delivery services. The sisters plan to expand the chain further by opening two new stores and taking over Crumbly Cakes an existing chain of two dessert parlours. All individuals employed at Peachy Desserts Ltd and Crumbly Cakes are employees and none are apprentices.
Historically, Charlotte has dealt with all business matters, while Madeleine has focused on the creative side, developing recipes. Both have become increasingly concerned that they may have made some mistakes in the past in relation to employment law. They know that you are studying the CIPD Associate Diploma in People Management and have decided to seek your advice on several matters.
Task
After meeting with Charlotte and Madeleine, you have some concerns and decide that you must provide them with detailed written advice on how to proceed with each of the matters below. To help the reader, please make use of headings and assessment criteria references to signpost the assessment criteria being addressed. You decide to:
- Evaluate the aims and objectives of employment regulation. (AC 1.1)
- Examine the role played by the tribunal and courts system in enforcing employment law. (AC 1.2)
- Explain how cases are settled before and during legal procedures. (AC 1.3)
And provide tailored advice for each of the following scenarios:
4. Charlotte and Madeleine are aware discrimination legislation exists. They are unsure how this might affect their approach to recruitment and selection of employees for their two new branch openings. They want to avoid dealing with retirement and do not want their business disrupted by employees taking maternity leave. To overcome this, they decide to appoint young men. Advise them on the decision of appointing young men only. (AC 2.1)
5. Cat, a restaurant manager, has recently become aware that she is paid less than Kit, another manager who is male. Her salary is £28,000 a year, whereas Kit earns £30,000 a year. She asked Charlotte to increase her salary to match Kit’s, but she refused saying Kit deserved the extra money. (AC 2.2)
6. The lease on an existing site is due to expire in four months’ time and the new terms are prohibitively expensive. Charlotte and Madeleine decide to close the restaurant when the lease expires, rather than renew the lease. When the restaurant closes, they intend to dismiss all six employees, paying each person two weeks’ notice as stated in their contracts of employment:
a. Angelica, the manager (eight years’ service, 53 years old, salary £700 per week)
b. Saffron, the supervisor (five years’ service, 30 years old, salary £350 per week)
c. Chip and Cherry, full-time sales assistants, who are 18 years old, and Reese and Carmel, full-time sales assistants who are 19 years old. All four employees have one year’s service, are paid £9.00 per hour and work 25 hours a week)
Advise why their approach is risky and what they should do instead. (AC 3.1)
7. The takeover of Crumbly Cakes is due to be complete in four months. Ownership will transfer to Peachy Desserts Ltd, and the identity of the owner will change. Charlotte and Madeleine consider the takeover a ‘good fit’ with their business, as the nature of the business is the same and they will take over all tangible assets. Charlotte and Madeleine do not dispute that Peachy Desserts Ltd will become the employer of the 12 employees of Crumbly Cakes but plan to give the employees of Crumbly Cakes new contracts on the same terms and conditions as their existing employees. Advise on the legal risk of this approach and what should be done instead. (AC 3.2)
8. Charlotte and Madeleine are aware there are changes to the National Minimum Wage each year. They firmly believe that all sales assistants work hard regardless of age and as such should be paid the same. All sales assistants are currently paid £9.00 per hour. They want to check their approach is lawful and wonder whether there are any rights related to pay statements they need to comply with. (AC 4.1)
9. Charlotte has received a complaint from Kit, manager of a restaurant that trades seven days a week. Kit states his working hours are too long, and that he does not have adequate breaks or sufficient days off. He normally works five days a week from 9.30am to 9.30pm but when his supervisor is on holiday, he must cover their days off. Advise on whether Kit has a legal cause for complaint, with reference to employment law. (AC 4.2)
10. Coco, a restaurant manager with eight years’ service, was delighted to inform Charlotte and Madeleine that she is pregnant and that her baby is due in six months’ time. Charlotte, who took two weeks off after the birth of her baby, is unhappy at the disruption this will cause but is happy to let Coco book two weeks’ annual leave to coincide with the birth of her baby. Charlotte feels a small business cannot afford the maternity leave and maternity pay that a larger organisation could offer, and she knows from experience that two weeks off is sufficient. Advise Charlotte and Madeleine on Coco’s maternity rights. You are concerned about Charlotte and Madeleine’s lack of knowledge in this area and decide to add a brief overview of paternity and adoption rights in case they make mistakes in this area too. (AC 4.3)
11. Chelsea, a restaurant manager, has made a flexible working request and wants to change from working full-time to working three days a week. Charlotte informs you she will let Chelsea know that Peachy Desserts Ltd ‘don’t do’ flexible working and if she does not like it, she should leave and find a part-time job somewhere else. Advise Charlotte and Madeleine of the risks of their approach and what they should do instead. (AC 4.4)
You should relate to academic concepts, theories, and professional practice throughout your advice to ensure that your work is critical and informed by using statute, case law, and relevant publications. All cited references used should be correctly acknowledged and presented in full in a bibliography at the end of your report.
Your evidence must consist of:
- Written answers (3900 words +/- 10%) refer to CIPD wordcount policy.
Assessment Criteria Evidence Checklist
You may find the following checklist helpful to make sure that you have included the required evidence to meet the task. This is not a mandatory requirement as long as it is clear in your submission where the assessment criteria have been met.
Assessment criteria
|
Evidenced Y/N
|
Evidence reference
|
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.
|
|
|
3.1
|
Discuss the legal implications of managing change.
|
|
|
3.2
|
Explain the legal requirements relating to transfers of undertakings.
|
|
|
4.1
|
Explain the major statutory rights workers have in relation to pay.
|
|
|
4.2
|
Explain the major statutory rights in leave and working time
|
|
|
4.3
|
Explain the main principles of maternity, paternity and adoption rights in the context of employment rights.
|
|
|
4.4
|
Explain other employment rights relating to flexible working.
|
|
|
Declaration of Authentication
Declaration by learner
I can confirm that this assessment is all my own work and where I have used materials from other sources, they have been properly acknowledged.
|
Learner name: JOE BLOGGS
|
Learner signature: ACTUAL SIGNATURE
|
Date* (THIS DATE HAS TO BE SAME AS COVER SHEET)
*This should be the date on which you submit your assessment
|
I confirm that I am satisfied that to the best of my knowledge, the work produced is solely that of the learner.
|
Assessor name:
|
Assessor signature:
|
Date:
|
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 for learners. Please be aware that not all the mark descriptors will be present in every assessment criterion, so assessors must use their discretion in making grading decisions.
The grid below shows the range for each unit assessment result 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 to 21
|
Fail
|
22 to 28
|
Low Pass
|
29 to 35
|
Pass
|
36 to 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
|
Demonstrates 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 and 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.
|
Marking grid and feedback for learner
Unit 5OS01: Assessor Feedback to Learner
|
Centre number
|
1152
|
Centre name
|
LIFETIME TRAINING
|
Learner number (1st 7 digits of CIPD Membership number)
|
XXXXXXX
|
Learner surname
|
BLOGGS
|
Learner other names
|
JOE
|
TASK 1
|
AC Number
|
Assessment Criteria
|
Mark 1-4
|
1.1
|
Evaluate the aims and objectives of employment regulation
|
|
Please enter your Assessor feedback here
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 1 (if applicable)
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 2 (if applicable)
|
Enter mark here
|
1.2
|
Examine the role played by the tribunal and courts system in
enforcing employment law.
|
|
Please enter your Assessor feedback here
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 1 (if applicable)
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 2 (if applicable)
|
Enter mark here
|
1.3
|
Explain how cases are settled before and during formal legal
procedures.
|
|
Please enter your Assessor feedback here
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 1 (if applicable)
|
Enter mark here
|
|
Please enter your Assessor feedback here for resubmission 2 (if applicable)
|
Enter mark here
|
2.1
|
Evaluate the principles of discrimination law in recruitment, selection and employment.
|
|
Please enter your Assessor feedback here
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 1 (if applicable)
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 2 (if applicable)
|
Enter mark here
|
2.2
|
Discuss the legal requirements of equal pay
|
|
Please enter your Assessor feedback here
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 1 (if applicable)
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 2 (if applicable)
|
Enter mark here
|
3.1
|
Discuss the legal implications of managing change.
|
|
Please enter your Assessor feedback here
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 1 (if applicable)
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 2 (if applicable)
|
Enter mark here
|
3.2
|
Explain the legal requirements relating to transfers of
undertakings.
|
|
Please enter your Assessor feedback here
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 1 (if applicable)
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 2 (if applicable)
|
Enter mark here
|
4.1
|
Explain the major statutory rights workers have in relation to pay.
|
|
Please enter your Assessor feedback here
|
Enter mark here
|
|
Please enter your Assessor feedback here for resubmission 1 (if applicable)
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 2 (if applicable)
|
Enter mark here
|
4.2
|
Explain the major statutory rights in leave and working time.
|
|
Please enter your Assessor feedback here
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 1 (if applicable)
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 2 (if applicable)
|
Enter mark here
|
4.3
|
Explain the main principles of maternity, paternity and adoption
rights in the context of employment rights.
|
|
Please enter your Assessor feedback here
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 1 (if applicable)
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 2 (if applicable)
|
Enter mark here
|
4.4
|
Explain other employment rights relating to flexible working.
|
|
Please enter your Assessor feedback here
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 1 (if applicable)
|
Enter mark here
|
Please enter your Assessor feedback here for resubmission 2 (if applicable)
|
Enter mark here
|
Total marks for TASK
|
Enter total marks
here
|
Total marks for TASK (resubmission 1 if applicable)
|
Enter total marks
here
|
Total marks for TASK (resubmission 2 if applicable)
|
Enter total marks
here
|
Total marks for UNIT
|
Enter total unit marks here
|
Grade
|
Enter
grade here
|
Total marks for UNIT (resubmission 1 if applicable)
|
Enter total unit marks here
|
Grade (resubmission 1
if applicable)
|
Enter
grade here
|
Total marks for UNIT (resubmission 2 if applicable)
|
Enter total unit marks here
|
Grade (resubmission 2
if applicable)
|
Enter
grade here
|
Assessor Feedback Summary
Please enter your summary and developmental points for the learner here. Please use a different font colour for any resubmission comments.
|
Assessor signature
|
Please enter your Assessor signature here
|
Date
|
Please enter date here
|
|
|
|
|
|
Example Answer 1.1 Evaluate the aims and objectives of employment regulation.
1. Evaluation of the Aims and Objectives of Employment Regulation (AC 1.1)
Employment regulation serves several essential functions to ensure fairness, equity, and safety within the workplace. The primary aims of employment regulation are to protect the rights of employees and employers, create a balance in power dynamics, and prevent discrimination or exploitation in the workplace. These regulations provide a legal framework for aspects such as pay, working conditions, recruitment, dismissal, and employee benefits.
The objectives of employment law are focused on safeguarding the welfare of employees, ensuring a fair and safe working environment, and upholding the principles of equality and non-discrimination. This is achieved through legislations that address issues like minimum wage, working hours, redundancy, harassment, health and safety, and anti-discrimination measures. Employment regulations also provide a framework for resolving disputes and promoting fairness within the workplace, ensuring that both parties — employers and employees — understand their rights and obligations.
2. Examination of the Role Played by the Tribunal and Courts System in Enforcing Employment Law (AC 1.2)
The tribunal and court systems play a crucial role in enforcing employment law by providing a legal avenue for resolving disputes between employers and employees. Employment tribunals, specifically designed to handle employment-related cases, offer an accessible and relatively cost-effective way for employees to challenge decisions or actions they feel have violated their rights. These tribunals deal with a range of matters, including unfair dismissal, discrimination, harassment, and pay disputes.
The court system, including civil and higher courts, may become involved when cases involve more complex legal issues or when tribunal decisions are appealed. While tribunals aim for quicker resolution of cases, the court system is involved in interpreting employment law more broadly, particularly when there are issues related to the application of legislation or more significant financial claims. Both tribunals and courts help uphold employment regulations by ensuring compliance and offering redress to employees who have suffered injustices in the workplace.
3. Explanation of How Cases are Settled Before and During Legal Procedures (AC 1.3)
Before formal legal proceedings, many employment disputes are resolved through negotiation or mediation. Employers and employees often attempt to reach an amicable resolution through direct communication or by using third-party services like Acas (Advisory, Conciliation and Arbitration Service), which offers free mediation and advisory services to prevent disputes from escalating to legal action.
If disputes cannot be resolved informally, they may proceed to a tribunal or court. At the tribunal or court stage, there are opportunities for further settlement before a formal hearing. This could involve settlement negotiations, where both parties agree to a resolution, often with the help of legal representatives. Many cases are settled at this stage, avoiding lengthy hearings. However, if no settlement is reached, the case proceeds to a full tribunal or court hearing where a judgement is made based on the evidence presented.
4. Tailored Advice Regarding Recruitment and Selection: Appointing Young Men Only (AC 2.1)
Charlotte and Madeleine’s decision to appoint only young men for the new branch openings would likely constitute a violation of discrimination law. Under the Equality Act 2010, it is unlawful for an employer to discriminate against employees or potential employees on the grounds of age, gender, or any other protected characteristic, such as race, disability, religion, or sexual orientation.
Age Discrimination: The act prohibits discrimination on the grounds of age, meaning that favouring young men over other groups (such as older individuals or women) could result in a claim of age discrimination. The law ensures that all candidates are given equal opportunities regardless of their age, and selecting only young men could lead to legal challenges from those who feel unfairly excluded.
Sex Discrimination: Similarly, gender-based recruitment decisions could lead to claims of sex discrimination. Discriminating against women, or men of different age groups, based on their sex or gender could violate the Equality Act 2010, which protects against both direct and indirect sex discrimination. A recruitment process that favours men over women for reasons unrelated to job performance or qualifications could result in legal repercussions.
Maternity Leave and Pregnancy Discrimination: Charlotte and Madeleine’s concerns regarding maternity leave are also addressed under the Equality Act 2010. Discriminating against women based on the potential for maternity leave is considered pregnancy and maternity discrimination. An employer is prohibited from treating an employee unfairly because they are pregnant or might take maternity leave in the future. Any action taken to exclude women from recruitment based on this potential would likely result in legal action for discrimination.
Continued...
100% Plagiarism Free & Custom Written,
tailored to your instructions