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Describe the internal and external factors that impact on the employment relationship.

Assignment Brief

3MER F305A

CIPD Assessment Activity

Unit Title:

Supporting Good Practice in Managing Employment Relations

Unit Number:

3MER

Level:

3

Credit Value:

6

Assessment Method:

Written Assignment

Learning Outcomes and Assessment Criteria

Learning Outcome 1: Understand the impact of employment law at the start of the employment relationship

  • 1.1 Describe the internal and external factors that impact on the employment relationship.

  • 1.2 Explain the different types of employment status.

  • 1.3 Identify and analyse the reasons why it is important to determine an individual’s employment status.

Learning Outcome 2: Understand the main individual rights that the employee has during the employment relationship

  • 2.1 Explain the importance of work-life balance within the employment relationship and how it can be influenced by legislation.

  • 2.2 Summarise the legal support that may be given to employees as a family member.

  • 2.3 Explain the reasons for treating employees fairly in relation to pay.

  • 2.4 Summarise the main points of discrimination legislation.

  • 2.5 Explain the good practice that underpins organisational policies and can contribute to the psychological contract.

Learning Outcome 3: Understand the issues to address at the termination of the employment relationship

  • 3.1 Explain the differences between fair and unfair dismissals.

  • 3.2 Explain the importance of exit interviews.

  • 3.3 Summarise the key stages to be followed when managing redundancies.

Activity: Assessment Task

You are required to investigate resources, such as the CIPD website, and write a guidance leaflet covering the key points outlined below:

Section 1: The Impact of Employment Law at the Start of the Employment Relationship

  • 1.1 Describe two internal and two external factors that can impact the employment relationship.

  • 1.2 Explain three different types of employment status.

  • 1.3 Provide three reasons why it is important to clearly determine an individual’s employment status.

Section 2: Employee Rights During the Employment Relationship

  • 2.1 Explain the importance of work-life balance and related legislation concerning:

    • Holidays

    • Rest periods

    • Working hours

    • Night working

  • 2.2 Outline family/parent-related legal support, including:

    • Maternity leave

    • Paternity leave

    • Adoption leave

    • Dependants leave

  • 2.3 Provide two reasons why employees should be treated fairly in relation to pay.

  • 2.4 Summarise the main points of equalities legislation, including:

    • Direct and indirect discrimination

    • Harassment

    • Victimisation

  • 2.5 Explain the concept of the ‘psychological contract’ and provide examples of organisational policies and procedures that support it.

Section 3: Termination of the Employment Relationship

  • 3.1 Explain the differences between fair and unfair dismissal.

  • 3.2 Discuss the importance of exit interviews to both the employee and employer.

  • 3.3 Summarise the key stages in managing redundancies, including the impact of redundancy on the wider organisation.

Evidence to Be Produced

A written guidance leaflet of 3000 words (+/- 10%).

Note: Writing Instructions

Begin your leaflet by addressing Learning Outcome 1.1:

1.1 Describe the internal and external factors that impact on the employment relationship.

Sample Answer

Section 1: The Impact of Employment Law at the Start of the Employment Relationship

Employment law plays a critical role at the beginning of any employment relationship by shaping both employer responsibilities and employee expectations. Several internal and external factors contribute to how this relationship is formed and managed. Internally, an organisation’s culture and its policies significantly influence the nature of the employment relationship. For instance, an organisation that fosters a culture of openness and inclusivity is more likely to promote trust and cooperation between management and staff. Moreover, the clarity and scope of internal HR policies, such as those concerning recruitment, grievance handling, and training, provide a structural framework for consistent and lawful employment practices.

Externally, legislation exerts considerable influence over employment relationships. Laws such as the Employment Rights Act 1996 and the Equality Act 2010 ensure that minimum standards are adhered to, safeguarding employee rights from the onset. Furthermore, economic conditions are an important external factor. During periods of economic downturn, for example, employers may face constraints that affect recruitment, remuneration, and job security, thereby altering the dynamics of employment relationships. Conversely, in a buoyant economy, increased competition for talent may lead employers to offer more favourable terms and conditions to attract and retain employees.

Determining the correct employment status of an individual at the outset of their employment is fundamental for legal compliance and operational clarity. Broadly, employment status falls into three categories: employees, workers, and the self-employed. An employee is an individual who works under a contract of employment and is entitled to a comprehensive set of rights and protections, including the right to redundancy pay, sick leave, and protection against unfair dismissal. A worker has a more limited relationship with the employer, often on a casual basis, and is entitled to certain rights such as the National Minimum Wage and paid holiday, but not the full spectrum of protections afforded to employees. In contrast, self-employed individuals operate their own business and are not entitled to employment rights, although they have autonomy over how and when they work.

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