A fellow people management officer estimates that 20% or so of her working days are taken up with activity that is created as a result of regulations
5OS01 Specialist Employment Law
5OS01 Specialist Employment Law
Learner Assessment Brief
Assessment ID / CIPD_5OS01_24_01
Level 5 Associate Diploma in
People Management
Organisational Learning and Development
Version 1 – Released September 2024 Expires June 2026 Study Centre information only: Last moderation window is September 2026
Please write clearly in block capitals.
Centre number:
Centre name:
Learner number (1st 7 digits of CIPD Membership number):
Learner surname:
Learner other names:
Unit code:
5OS01
Unit title:
Specialist employment law
Assessment ID:
CIPD_5OS01_24_01
Assessment start date:
Assessment submission date:
First resubmission date for centre marking – if applicable
Second resubmission date for centre marking – if applicable
Declared word count
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 assessment, you are encouraged to plan your 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.
Scenario
You work for a large UK-based NHS trust in its People Management department where you specialise in providing advice and guidance to colleagues about employment law issues. In the last few days, you have received ten emails that you now need to answer. These are summarised below. Provide answers to each of these, aiming in each case to do so in around 390 words so that the total length of your assessment is 3900 words in length (+ /- 10%). Your emails should answer each of the enquiries as fully as possible and you should take care to justify all the points you make.
Task
Email 1 (AC 1.1)
A fellow people management officer estimates that 20% or so of her working days are taken up with activity that is created as a result of regulations. She states this is time she would prefer to spend more productively improving the employment experience that the Trust provides. To help her understand why it is important to spend time dealing with issues that relate to employment law, send a reply that includes an evaluation of the aims and objectives of employment regulation.
Email 2 (AC 1.2)
You are asked to brief a senior manager in your team about the status of judgements made by the European Court of Justice (ECJ) prior to the UK`s departure from the European Union in 2020. Do these remain good law? Are they still binding on the UK courts? Or can they now be disregarded? He asks for an example by way of illustration.
Email 3 (AC 2.1)
A colleague asks for advice about `occupational requirements`. She wants to know when she may and may not seek to stipulate that a job in her directorate must be carried out either by a man or a woman. Explain this to her, considering the main principles of discrimination law in recruitment and selection in your email with reference to specific examples.
Email 4 (AC 2.2)
A nurse manager wants to upgrade two of her health care assistants (HCAs) using some surplus money left over from a research project she has been carrying out. She wants to move them from the A grade on which the vast majority of HCAs in the Trust are employed to the higher B grade. The two people concerned are men. 80% of the HCAs in your Trust are women. She is asking you to approve the upgrade. Include discussion of the legal requirements of equal pay in your reply.
Email 5 (AC 3.1)
A colleague is concerned that a radiographer who recently resigned from the Trust may be about to make a constructive dismissal claim in relation to a change that was made recently to his working hours. She asks for your advice about the circumstances in which such a change can form the basis of a successful constructive dismissal claim and about how long former employees have to make claims before they are considered to be `out of time` by the Employment Tribunal Service.
Email 6 (AC 3.2)
A senior manager is leading on a reorganisation in his directorate. Fifty posts are to be lost, some of which will involve compulsory redundancies. He is keen to get on with the process quickly, simply dismissing the poorest performers and avoiding as much by way of time-consuming consultation as possible. Include discussion of the legal requirements relating to redundancy in your answer.
Email 7 (AC 3.3)
Your Chief Executive Officer is about to open preliminary negotiations with a neighbouring hospital trust about the possibility of merging their two major pharmacy operations. The new centralised pharmacy will be based in your Trust but will provide services to the neighbouring trust as an expanded operation. She asks you to explain the major relevant rights that any employees involved in the merger might have in respect of the Transfer of Undertakings (i.e. TUPE) regulations should it go ahead at some date in the future.
Email 8 (AC 4.1)
You are asked to explain the regulatory requirements relating to the calculation of holiday pay to a new colleague. There are several dozen nurse bank staff who are employed regularly but on a casual basis to work in his department. They mainly cover shifts when permanently employed colleagues are absent and he is keen to ensure that their holiday pay is calculated fairly and lawfully.
Email 9 (AC 4.2)
A member of staff who is pregnant asks you to explain to her the major ways in which maternity leave and shared parental leave differ. She is considering which of these options would be most beneficial to her and her partner and is looking for your guidance before making her decision.
Email 10 (AC 4.3)
A colleague in the People Management team has recently received a letter from a newly appointed administrative officer who is employed to work on your main hospital site. She is formally requesting the right to work from home on three days each week. Your colleague does not wish to accede to this request for fear that it will encourage other administrative staff to demand the right to work from home too and that this will reduce the quality of the service the team provides. Include an explanation of employment rights in relation to flexible working in your answer.
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.
2.1
Explain the main 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 varying contracts.
3.2
Explain the legal requirements relating to redundancy.
3.3
Explain the legal requirements relating to transfers of undertakings.
4.1
Explain the major statutory rights in leave and working time.
4.2
Explain the main principles of maternity, paternity and adoption rights in the context of employment rights.
4.3
Explain employment rights relating to flexible working.
Declaration of Authentication
Declaration by learner
I can confirm that:
this assessment is all my own work.
where I have used materials from other sources, they have been properly acknowledged and referenced.
I have not used Artificial Intelligence tools to generate content for my assessment.
I understand the consequences of malpractice and accept that any violation of this agreement may result in disciplinary action.
Learner name:
Learner signature:
Date*
*This should be the date on which you submit your assessment
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 19
Fail
20 to 25
Low Pass
26 to 32
Pass
33 to 40
High Pass
Marking Descriptors
Mark
Range
Descriptor
1
Fail
The response DOES NOT demonstrate sufficient knowledge, understanding or skill (as appropriate) to meet the AC. Insufficient examples included where required to support answer.
Insufficient or no evidence of the use of wider reading to help inform answer.
Presentation or structure of response is not appropriate and does not meet the requirement of the question/assessment brief.
2
Low Pass
The response demonstrates an acceptable level of knowledge, understanding or skill (as appropriate) to meet the AC.
Sufficient acceptable examples included where required to support answer.
Sufficient evidence of appropriate wider reading to help inform answer. Satisfactory in-text referencing.
Answer is acceptable but could be clearer in responding to the question/task and presented in a more coherent way.
Required format adopted but some improvement required to the structure and presentation of the response.
3
Pass
The response demonstrates a good level of knowledge, understanding or skill (as appropriate) to meet the AC.
Includes confident use of examples, where required to support the answer.
Good evidence of appropriate wider reading to help inform answer. A good standard of in-text referencing.
Answer responds clearly to the question/task and is well expressed. Presentation and structure of response is appropriate for the question/task.
4
High Pass
The response demonstrates a wide and confident level of knowledge, understanding or skill (as appropriate) to meet the AC. Includes strong examples that illustrate the points being made and
support the answer.
Considerable evidence of appropriate wider reading to inform answer. An excellent standard of in-text referencing.
Answer responds clearly to the question/task and is particularly well expressed or argued.
Presentation and structure of response is clear, coherent, and responds directly to the requirements of the question/task.
Marking grid and feedback for learner
Unit 5OS01: Assessor Feedback to Learner
Centre number
Centre name
Learner number (1st 7 digits of CIPD Membership number)
Learner surname
Learner other names (e.g. first name and middle name(s))
Note to Assessor – Please enter a mark for each AC. You need only provide feedback where you have awarded a mark of 1. This feedback should be developmental.
TASK 1
AC Number
Assessment Criteria
Mark 1-4
1.1
Evaluate the aims and objectives of employment regulation.
Assessor feedback first submission (if applicable)
Assessor feedback resubmission 1 (if applicable)
Assessor feedback resubmission 2 (if applicable)
1.2
Examine the role played by the tribunal and courts system in enforcing employment law.
Assessor feedback first submission (if applicable)
Assessor feedback resubmission 1 (if applicable)
Assessor feedback resubmission 2 (if applicable)
2.1
Explain the main principles of discrimination law in recruitment, selection and employment.
Assessor feedback first submission (if applicable)
Assessor feedback resubmission 1 (if applicable)
Assessor feedback resubmission 2 (if applicable)
2.2
Discuss the legal requirements of equal pay.
Assessor feedback first submission (if applicable)
Assessor feedback resubmission 1 (if applicable)
Assessor feedback resubmission 2 (if applicable)
3.1
Discuss the legal implications of varying contracts.
Assessor feedback first submission (if applicable)
Assessor feedback resubmission 1 (if applicable)
Assessor feedback resubmission 2 (if applicable)
3.2
Explain the legal requirements relating to redundancy.
Assessor feedback first submission (if applicable)
Assessor feedback resubmission 1 (if applicable)
Assessor feedback resubmission 2 (if applicable)
3.3
Explain the legal requirements relating to transfers of undertakings.
Assessor feedback first submission (if applicable)
Assessor feedback resubmission 1 (if applicable)
Assessor feedback resubmission 2 (if applicable)
4.1
Explain the major statutory rights in leave and working time.
Assessor feedback first submission (if applicable)
Assessor feedback resubmission 1 (if applicable)
Assessor feedback resubmission 2 (if applicable)
4.2
Explain the main principles of maternity, paternity and adoption rights in the context of employment rights.
Assessor feedback first submission (if applicable)
Assessor feedback resubmission 1 (if applicable)
Assessor feedback resubmission 2 (if applicable)
4.3
Explain employment rights relating to flexible working.
Assessor feedback first submission (if applicable)
Assessor feedback resubmission 1 (if applicable)
Assessor feedback resubmission 2 (if applicable)
Total marks for TASK
Total marks for TASK (resubmission 1 if applicable)
Total marks for TASK (resubmission 2 if applicable)
Total marks for UNIT
Grade
Total marks for UNIT (resubmission 1 if applicable)
Grade (resubmission 1 if
applicable)
Total marks for UNIT (resubmission 2 if applicable)
Grade (resubmission 2 if
applicable)
Assessor Feedback Summary Please use this box to summarise your feedback on the assessment overall. This should highlight strengths and any areas for improvement, either referring to specific ACs or commenting more generally across the assessment. (Note: developmental feedback on any ACs awarded a mark of 1 should have already been provided in the relevant box of the assessment form above. Please use a different font colour for any resubmission
comments)
Assessor name
Submission
Resubmission 1
Resubmission 2
Assessor signature *
I confirm that I am satisfied that to the best of my knowledge, the work produced is solely that of the learner.
Date
*This must be a true signature, so a handwritten signature, or a photo or scan of a handwritten signature, or an e-signature. A typed signature is not acceptable.
Sample Answer - Place a New Order to Get Non-Plagiarised Work Ready for Submission
Scenario
You work for a large UK-based NHS trust in its People Management department where you specialise in providing advice and guidance to colleagues about employment law issues. In the last few days, you have received ten emails that you now need to answer. These are summarised below. Provide answers to each of these, aiming in each case to do so in around 390 words so that the total length of your assessment is 3900 words in length (+ /- 10%). Your emails should answer each of the enquiries as fully as possible and you should take care to justify all the points you make.
Email 1 (AC 1.1)
A fellow people management officer estimates that 20% or so of her working days are taken up with activity that is created as a result of regulations. She states this is time she would prefer to spend more productively improving the employment experience that the Trust provides. To help her understand why it is important to spend time dealing with issues that relate to employment law, send a reply that includes an evaluation of the aims and objectives of employment regulation.
Subject: Importance of Employment Law and Regulations in People Management
Dear [Colleague’s Name],
Thank you for your email and for sharing your concerns regarding the amount of time you spend on employment law-related activities. I understand that it can be challenging to balance the time spent on legal matters with other responsibilities, particularly those aimed at improving the employee experience within the Trust. However, it is important to acknowledge that employment regulations play a critical role in safeguarding both employees and the organisation, and here is an evaluation of their key aims and objectives.
1. Protecting Employee Rights Employment law is designed primarily to protect the rights of employees and ensure fairness in the workplace. These regulations address essential issues such as discrimination, health and safety, pay, and working conditions. By adhering to these laws, we create an environment where employees feel safe, valued, and respected. Employees are more likely to engage with their work and remain committed to the organisation when they are confident that their rights are protected.
2. Ensuring Legal Compliance One of the main objectives of employment regulation is to ensure that the organisation remains compliant with the law. The Trust must adhere to numerous legal requirements, from the minimum wage and working hours to protection against unfair dismissal and harassment. Failing to comply with these regulations can lead to significant legal and financial consequences, including employment tribunals, compensation claims, and reputational damage.
3. Promoting Equality and Fairness Employment regulations also aim to foster equality and fairness in the workplace. Laws surrounding equal pay, anti-discrimination, and accommodation for disabilities work to ensure that all employees have equal opportunities and are treated justly.
4. Reducing Employment Disputes Employment laws provide clear guidelines for how to handle common workplace issues such as grievances, disciplinary actions, and dismissals. By following these processes correctly, we reduce the likelihood of disputes or legal challenges arising. Clear, fair, and consistent policies help to maintain harmonious relationships between employees and management, which ultimately contributes to the overall wellbeing of the workforce.
While I understand that compliance with employment law may seem like a time-consuming responsibility, it is important to recognise that it provides the foundation for a fair, safe, and legally compliant workplace.
Please feel free to reach out if you need any further clarification or assistance with managing your workload.
Best regards,
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