CIPD 5OS01 Assignment Example | Specialist Employment Law
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5OS01- Specialist Employment Law
AC 1.1 Evaluate the aims and objects of Employment Regulation
The majority of employment rules and regulations are written with the worker in mind. Frequently, they are enacted to ensure that workers are treated properly, that government policy is executed, that social and economic goals are satisfied, and that a company complies with its international legal obligations.
The International Labour Organization (ILO) is widely recognized as playing a crucial role in determining the objectives of international labor policy, with a priority on worker protection(Armour et al.,2009). The International Labour Organization (ILO) enacted an employment protection statute which was approved by a number of countries, including the United Kingdom. This law protects workers from discrimination and occupational injury.
Consequently, businesses have a duty to safeguard their employees from any type of discrimination based on variables such as race, color, or religion. The Health and Safety at Work etc. Act of 1974 protects workers by mandating safe workplaces and the provision of personal protective equipment (PPE) (Armour et al.,2009).
AC 1.2 Examine the role played by the tribunal and courts system in enforcing employment law
Employment Tribunals are an independent judicial body established to consider matters involving alleged infringement of an employer’s rights by an employee (Davies et al.,2016). Cases involving wrongful termination, discrimination, salary, and severance pay are frequently resolved by the courts. Employment tribunal matters that are appealed frequently travel from the Employment Appeal Tribunal to the court of appeals, and from there to the Supreme Court.
A losing party may request a review of a judgment or decision by filing an appeal with the presiding panel. The opposing party may file an appeal with the Employment Appeal Tribunal if it considers the tribunal did not apply the law correctly or if the review procedure was faulty. The losing side has 21 days to make an appeal with the Appeals Court following a loss (Shelton, 2003). If the verdict still does not sit well with the complainant, they may appeal to the Supreme Court, but they must state their case only on legal grounds, demonstrating that the lower courts did not obey the law. And it only considers appeals in matters that have the greatest impact on the broader public. It is the absolute final option for criminal and civil matters. As the highest court in Europe, any national court or tribunal in Europe may seek a ruling from the European Court of Justice. However, such cases are only heard if they involve European labor laws. The judicial equivalent of administrative labour court is the court system, where disputes are initially heard at the provincial level and then appealed to higher courts.
AC 1.3 AC 1.3 Explain how cases are settled before and during formal legal procedures
The Employment Rights Act of 1996 specifies the procedures for resolving employment-related conflicts. Before proceeding to an employment tribunal, it is strongly encouraged that an employee file a formal complaint with ACAS. ACAS may resolve workplace disputes if both parties consent to its participation. ACAS’s mission is to assist the parties in reaching an amicable conclusion to the dispute. When ACAS identifies the source of the problem and provides each party with an opportunity to voice their issues, it has accomplished its objective.
When a claimant announces his or her intention to file a claim, ACAS may inquire whether the plaintiff is interested in preliminary conciliation (Shelton, 2003). ACAS will request information from an employee willing to participate in early conciliation if they are willing to do so. Required is a follow-up email, letter, or phone call describing the individual’s final judgment and the cause of the issue. The conciliator will then interact with the complaint to determine the intended resolution of the complainant. After receiving confirmation from the respondent, the mediator will commence resolution-related communication between the parties. As soon as an agreement is reached, the conciliator will draft a formal agreement using the COT3 form and highlight the agreement’s parameters (Shelton, 2003). When all sides agree a COT3 settlement, the case is resolved by the tribunal.
During formal legal proceedings, cases are arranged in accordance with settlement agreements.
During formal legal proceedings, when a matter is settled, the parties will discuss and select the parameters of a settlement agreement. This may be accomplished via mediation or arbitration (Allison, 2019). If the parties reach an agreement, then all necessary measures are followed to apply for the settlement on behalf of the client and go on to other cases or commercial activities with absolute certainty that the dispute has been concluded. Mediation requires the selection of an impartial third party with no vested interest in the resolution of the dispute to serve as arbitrator. They instead ask the employer and employee a series of questions to get to the bottom of the situation. They assist both parties in identifying the central issues and collaborating to reach a mutually acceptable conclusion. The basic objective of mediation in the workplace is to maintain the employer-employee relationship at the same level as before the issue started. Arbitration is a procedure in which a neutral third party is appointed to hear the parties’ arguments and grievances and reach their own judgement. The arbitrator then meets up with both sides and addresses the dispute in a manner that benefits all sides equally.
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As technologies become advanced, there is the risk of obsolescence. As the new technology becomes so frequent, most of the teaching facilities face the risk of being trapped in waiting for the opportune moment to invest and immerse them in this form of learning. In this case, when technological advances were made, the mere use of visual aids is becoming obsolete. Learning institutions are now endorsing the use of online platforms such as webinars, Webex, Zoom, and other tools that facilitate virtual learning (Seeber et al. 2020). This risk can be resolved by increased exposure to technological advances in a timely manner. As such, learning institutions should be keen in monitoring the most relevant tools and showcase to learners early enough.
Another risk is the challenge of dealing with data protection and prevention of breach. In some of the common learning tools, users are expected to register using their emails and some personal information, which might expose them to security threats. To reduce these cases, the learning institution that is using them should set up appropriate measures to prevent misuse of data by staff. In addition, it is appropriate e to reduce the control over the most sensitive L & D processes, by limiting the level of access of data by non-authorized users.
Risk and challenges on the L & D professionals
To the facilitators and L & D professionals, there is a challenge that they need to constantly and rapidly change the terms of the skills of requirements. In this case, L & D professionals are required to be up to date with the technological advances, a problem that is not welcomed by elderly professionals. Indeed, some of the professional s prefers to improve their core knowledge as opposed to the support skills. This challenge is also compounded by the fear for their job security (Seeber et al. 2020). This problem can be eliminated by continuous training and refresher courses/workshops. The learning institutions should provide local support to every professional who needs the skills.
L & D professionals are also faced with the challenge that they need to ensure the learning contents and facilitation is accessible to all the learners at 24/7. As such, most of the contents are shared online and the users need to be always able to access the contents (Ahmed et al. 2018). In instances where the content is provided absolutely online, it may pose a challenge to the facilitators for learners who do not access the content. To mitigate against poor learning outcome, it is prudent that the providing institution offers remedial approaches and measures to ensure that they endorse a technology that is at par with the level and social status of the learners.
Risk and challenges on the learners
Learners are faced with the challenge that they need to continuously increase their IT skill. Increasing their IT skills makes them more comfortable in order to learn effortless. This problem is further aggravated by the fact that there are currently five generation of learners to deal with making this an enormous challenge. According to Seeber et al. (2020) learners should be exposed to the technology that equates their level of knowledge and educational level. In doing so, learners are able to be given an adequate opportunity to transit from one level to the other without facing hardships.
There is a challenge that most learners are increasingly in need for self learning with a greater need to get self-direction and self-motivation (Ahmed et al. 2018). In doing this, most of the learners seek autonomy, yet they face challenges in understanding some of the complex concepts. To avert this problem, it is appropriate to distinguish aspects where the learners can read by themselves or under instructions from learners. Furthermore, the organization should set up appropriate evaluation and assessment measures.
In essence, the use of technology in advancements of education is beneficial to all stakeholders. As such, this does not deter them from facing numerous challenges. The most striking thing is to ensure that every issue is well mitigated not to hinder the intended learning outcome. For all the stakeholders, exposure to various technological tools to stakeholders helps to mitigate most of the challenges. However, in every learning session, there ought to be proper mitigating measures.
AC 2.1 Evaluating the principles of DIscrimination law in recuritment, selection and Employment
A fair and objective selection procedure is required to identify the most competent candidate for a post. In the course of this approach, actions that discriminate against particular groups will be regarded as unfair (Allison, 2019). Employers are prohibited from asking about a candidate’s protected features, relationship status, civil partnership status, or want to become one (“Employment status I GOV.UK,” n.d.). It is a basic human right to be given the same opportunities and to be free from discrimination based on a protected feature. Age, disability, marriage/civil union, pregnancehnicity/belief, sexe, and sexual preference are all protected characteristics (Allison, 2019). The complainant in Scenario 1 had their job offer revoked due to one of the attributes, making their case disputable in front of an employment tribunal. The Equality Act of 2010 makes it a crime to discriminate against someone as well as victimize someone. For instance, if it was anticipated that a worker would be unable to work because of their civil partnership, this could be considered direct discrimination, in which one person views the other as less favorably than how he or she treats or would treat his or her peers on the basis of the protected characteristic of marriage or civil partnership (Allison, 2019). The Equality Act of 2010 prohibits employers from discriminating against applicants for employment on the basis of a protected characteristic. Moreover, refusing to hire a candidate based on protected traits constitutes blatant discrimination. The 2010 Equality Act protects disabled workers at all levels of their employment with regard to disability (Allison, 2019). If an employer can demonstrate that a certain job can only be performed satisfactorily by a person with a particular disability, then the organization will not be in breach of the discrimination law. Moreover, the legislation limits an employer’s ability to perform pre-employment health inquiry (Allison, 2019). An employer may not prejudice against a disabled worker of a condition connected to the employee’s disability.
AC 2.2 Discuss the legal requirements of equal pay
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Other 5 Assignment Assessment Criteria's
- AC 4.1 Explaining the major statutory rights workers have in relation to pay
- AC 3.1 Discuss the legal implications of managing change
- AC 3.2 Explaining the legal requirements of relating to the transfor of undertakings
- AC 4.2 Explain the major statutory rights in leave and working time.
- AC 4.4 Explain other employment rights relating to flexible working
- AC 4.3 Explain the main principles of maternity paternity, and adoption rights in context of employment rights.
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Allison, F., 2019. Cause for hope or despair? Evaluating race discrimination law as an access to justice mechanism for Aboriginal and Torres Strait Islander people (Doctoral dissertation, James Cook University).
Armour, J., Deakin, S., Lele, P. and Siems, M., 2009. How do legal rules evolve? Evidence from a crosscountry comparison of shareholder, creditor, and worker protection. The American Journal of Comparative Law, 57(3), pp.579-630.
Davies, C., Ferreira, N., Morris, A. and Morris, D., 2016. The equality act 2010: five years on. International Journal of Discrimination and the Law, 16(2-3), pp.61-65.
Shelton, D. ed., 2003. Commitment and compliance: The role of non-binding norms in the international legal system. Oxford University Press on Demand.