cipd level 5 eml assignment

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5EML Assignment Example

• February 19, 2022
• Posted by: admin
• Category: CIPD Level 5

Introduction

Employment law governs the rights of the employees and provides governance on how they should be treated. The laws are meant to secure the interests of the employees and help determine the role of experts and HR practitioners in ensuring that the laws are adopted in the organisation. The following booklet provides information on the aspects of law to be submitted to the Citizens Advice Bureau.  The booklet will refer to the UK employment laws, and examples will be provided to provide evidence on the same. This will be in accordance to CIPD (2020) where the legal requirements are considered in completing the different HR functions such as selection and recruitment of employees to the workplace.

Legal System

1.1 aims and objectives of employment regulation, employee protection.

Employees have the right to be protected in the workplace, and there are also legal rights that they are entitled to. The objective in this case is to ensure that employees are not discriminated on basis of age, religion, gender, sexual orientation, or any other of relation that they might have. Employees are legally protected in all stages of relations between them and the employers, from the earliest stage of recruitment to the later stage of retirement of exit from the workplace. According to Wintemute (2016), the Equality Act and EU anti-discrimination laws fight for the rights of employees in the workplace, and the employers are expected to follow the laws and guidelines to ensure that employees are protected in their work places.

Social justice

Social justice is an objective that is meant to ensure that every employee is given the right to have access to employment, and no form of discrimination should be realised within the workplace. According to CIPD (2020), social justice promotes diversity and inclusion in the workplace, and the Equality Act 2010 sets the standards on how the employees should be treated under the UK employment law.

The employers with the support of HR professionals in the workplace should ensure that they treat all employees in fairness. Fair procedures in different HR functions should be followed to ensure that the HR adheres to the laws strictly. This also prevents discrimination and provides a safe work place for the employees, while at the same time enhancing employee productivity. Guest (2017) urges HR professionals to commit to the law to enhance fair treatment of the employees, which is significant in promoting job security for the employees.

1.2 Role played by tribunal and courts system in enforcing employment law

Employment tribunal.

Employment tribunal deals with the employment related claims, where the tribunal proceedings start three months from the date when the complainant reported the claim. The claimant in this case has to lodge complains in a form, providing particulars on the issues that have resulted to they claim. ACAS plays a role in enhancing early conciliation before the claim is taken to tribunal. After the claim is taken to the tribunal, the judge reviews the paperwork and sometimes the claims are dismissed if they are made on unreasonable grounds. When the judge decides to go further with the proceedings, a witness is expected to attend to provide statements on the issues. The claimant and the respond are expected to appear in tribunal hearings, failure to which the claim may be dismissed, or judgement may be made in favour of the party in attendance (CIPD, 2017).

The court system

The employment court system, which is categorised as the civil law is enforced when the claimant sues the respondent in the civil court. The claimant in most cases is an employee who files allegations that show that he/she has been treated against the legal standards. A good example may be a complaint from an employee that the employer is giving wages below the minimum legal wage. When the civil court fails to address an issue, it is taken to the court of appeal, and later to the Supreme Court if the court of appeal fails to make judgements on the case. The employee should have proof of the claim to show to the court that the pay is below the standard pay wage.

The following is an illustration of a journey of employment tribunal through to the courts up to the court of appeal. The case of Chief Constable of Norfolk v. Coffey is an example.

The highlights of the case are that the employer should assume that the current condition of the officer should not be used against him. In order for the condition to be determined as progressive, medical evidence should be provided to show that the employee is likely to become disabled in the future. Nevertheless, the claimant has the right to be treated in fairness like other employees, without the employer having to identify with the issue of perceived disability (Simpson, 2019).

1.3 How cases can be settled before or during formal legal procedures

Early conciliation involves having the employees raise the concerns informally or write a formal grievance where they get to communicate and interact with the employer in order to address the issue. Employees are expected to inform ACAS before making a tribunal, and this allows the team to engage the respondent in resolving the dispute. Early reconciliation makes it possible for the claimant and the respondent to make early agreements without involving the tribunal (ACAS, 2020).

Arbitration is the method used to resolve dispute where a third party makes decisions on behalf of the claimant and the respondent. The arbitrator should be a neutral person, who takes time to listen to both sides of the dispute. Before the arbitration process starts, the parties should agree to respect and adhere to the decision made by the arbitrator. In doing so, the parties should sign an ACAS form to agree to the terms (ACAS, 2020).

Avoiding discrimination

2.1 principles of discrimination law during recruitment, selection, and employment.

The principles of discrimination relate to the identification of the means through which the employees are protected under the Equality Act 2010. Discrimination may be direct, indirect, and in association to. Avoiding discrimination relates to avoidance of protected characteristics such as age, sexual orientation, sex, marriage, gender, race, disability, and religion.

Direct discrimination

This type of discrimination arises when one party discriminates against on basis of protected characteristic. It also involves having one party treat the other party in a less favourable way as opposed to how they would treat others (Albert, 2019). In recruitment and selection for instance, the HR professionals should not focus on asking questions on the protected characteristics mentioned above. HR should not ask questions on whether candidates seeking for a job opportunity have any form of disability that would prevent them from effectively handling job roles. Instead, they should ask candidates whether they should adjust to make employees fit in the new job roles and job conditions.

Indirect discrimination

Indirect discrimination occurs when a criteria is developed that seems neutral to some, but in reality or practice, it is less fair or less favourable to a minority group. Sometimes, the arrangements made in recruitment and selections are valid to the employer if they can be justified (Albert, 2019). For example indirect discrimination may arise on basis of sex, for a case when internal recruitment for a certain job position are advertised internally and the only persons who can apply for the job are men. This may be a form of indirect discrimination against women on gender basis.

Discrimination by association

This is where less favourable treatment is observed on ground of a third party. The victim of discrimination does not directly possess the protected characteristic. Sometimes, an employee may be discriminated because maybe one of their siblings is gay. This is discrimination by association, and it may also happen in recruitment and selection.

Contract Law

2.2 how contracts of employment are established.

A contract of employment is an agreement between the employer and the employee, and it has to be binding for it to be a legal contract. The Employment Rights Act 1996 is a regulation that well describes who an employee is, and helps determine the written statements on the relations between the employer and employee on the legal context.

There are four elements of a valid contract, and they include offer, acceptance, consideration, and intention to create legal relations. The UK legal position is governed by the contract law where the employer gives offer of employment to the employee, to help identify the conditions that the employee is expected to work with. Acceptance is the second element where the employee gets to accept what the employer has provided. The third element identifies with the considerations between the parties on basis of wages as well as hours of work and other express terms. The fourth and final element is the intention to create a legal binding agreement between the employer and employee (CIPD, 2020).

Differences between express and implied terms

The contract of employment is a combination of the express and implied terms. Express terms are those that are written and given to employees, and others are also given to them verbally. According to Golding (2020), employers within an organisation have to understand the law in order to draft express terms of employment. The mandatory express terms a contract include the salary and benefits given to the employees, the working hours, which are differentiated on the flexibility of the employees to working in the organisation, the employee status in the business, and the rules and regulations that govern different work particulars in the organisation. These mandatory have to comply with the UK regulations on working hours. ACAS has provided guidelines that employers should follow in determining the maximum hours that the employees should work, the breaks and holidays given to employees, work experiences, and flexible working hours requested from employees.

Implied terms on the other hand are those that are implicit in the employment contracts. The implied terms are incorporated in the workforce agreements between employers and employees. The terms determine the duties of employers to employees, and duties of employees to their employers. Implied terms identify with the standards and rights of the employees in their contribution to completing the organisational roles and objectives (2019).

3.1 When and how contracts can be changed lawfully

Contracts can be changed lawfully under the flexibility clauses. Flexibility clauses allow employers to change some of the employment conditions, but the only changes should be made have to be highly reasonable. For example, when an employer engages an employee and requires the employee to work as an expatriate in a different country, the employer may use the flexibility clause to change the terms of employment with the employee.

The two alternative ways in which organisations change contracts include negotiations and forcing the change. According to Springer (2015), it is necessary to make agreements when the need arises to be flexible. In order for an agreement to be made, the parties have to engage in negotiations where they come up with alternatives to support the suggestions. For instance when employees move from the organisation as expatriates, employers may negotiate with them on the new term of employment. Forcing change is the second alternative where employers force changes even if they affect the terms of contract with their employees. An example is the restructure of John Lewis Company, where the executive team had to fire some of the executive team members (Moss, 2019). It is certain this was not the agreed terms, but the management changed the terms.

Organisational change

3.2 requirements of redundancy law.

Redundancy should be the last resort within the organisation, but when the need arises and the organisation has to change and result to redundancy, the HR has to relate with the laws on the same. Employers propose redundancy to reduce the costs of business operations and this is made significant when the numbers of employees are reduced in the business workforce. Redundancy in the context of employment law requires employers to follow relevant legislation to enhance understanding of the legal reasons on why redundancy is considered.

The Employment Rights Act 1996 requires employers to give reasons for redundancy, and the validity of the reasons is realised when employer ceases to continue with the business operations, and diminishes the employee roles in the business (STA Law Firm, 2019). The Trade Union and Labour Relations Consolidation Act 1992 requires employers to engage in consultation before they result to dismissal of 20 or more of the workers in the organisation. Failure to engage in consultation results to breach of the law and the employers have to be accountable for this. An example is the Ethel Austin Company that made over 1700 employees redundant without consultation (Labour and European Law Review, 2015).

Steps to lawful redundancy (ACAS)

The first step according to ACAS involves making decisions on whether redundancy is necessary, and this helps in effective planning. The second step involves holding redundancy consultations, to provide plans on the changes, and seek feedback from employees and their representatives on the same. Consultation depends on the number of employees being dismissed from the workplace, and the period of time the employees have worked in the organisation. The third step is selection of employees for redundancies, and this involves selecting employees from a pool and their representatives. The fourth step is giving employees notice of redundancy, both face to face and in writing. Fifth step is to work out the redundancy pay, and the least statutory amount should be paid to employees. Employment contracts should be checked against the redundancy pay. The sixth step is to support the staff and help them plan for the future. This can be done through counselling, provision of financial advice, and helping employees get work from another company.

Failure of the employers to follow the above identified steps may result to staff redundancies as the remaining employees will fear about the security of their jobs. They may also experience poor morale that may affect their productivity and performance in the business. The employers may also face tribunal claims from the employees dismissed from the workplace (Odesola, 2019).

3.3 Main requirements of law on business transfers

According to CIPD (2020), the law requirement on business transfer requires is the Transfer of Undertakings (Protection of Employment) TUPE 2006. This law enhances protection of employees after the business is transferred to a different owner. Employees are entitled to terms and conditions of employment that they had before the business is transferred. According to the Employment Rights Act 1996, the employees are also entitled to continuity of employment. This means that the rights of the employees must be protected even after the business is transferred.

Process for successful TUPE transfer (ACAS)

Conducting TUPE transfers requires the employers to follow four stages. The first stage is to research on the advantages and disadvantages of transfers before committing to the transfer. This stage also involves planning for the transfer and determining the future risks and benefits.

The second step is preparing for the transfer, where employers identify actions to be taken in managing the transfer process for both the incoming employers and the outgoing employers.

The third is the transfer stage where incoming employers identify actions to effectively manage employees and increase their morale. Outgoing employers have to continually engage with employees to find out how they are coping after the transfer.

The fourth stage is after the transfer where performance and productivity of employees is measured after transfer. Problems are also identified to help employers make adjustments to address the challenges (ACAS Guide, p. 16-29).

Worker’s rights

4.1 statutory rights workers have in the fields of pay, leave, and working time.

Workers in UK have the right to minimum wage under the National Minimum Wage Act 1998. Scott (2017) explains the case of Best Connection Group v HMRC, where after investigations; HMRC found out that the employees supplied by the Best Connection Group agency were paid less than the minimum wage. On each employee who was underpaid, HRMC gave a notice that the agency would incur a penalty. Best connections paid some of the employees and part of the penalty, and HRMC issues more penalties. In a tribunal, the judge argued in favour of HRMC by stating that unlimited notice can be issues as long as there is a reason to do so, and as long as HRMC has the power to enforce the law.

In the case of Capita Customer Management Ltd v Ali (EAT), Mr Ali claimed that he was sex discrimination on basis of shared parental leave. After his two weeks paternity leave, Mr Ali received 14 weeks statutory pay leave, which was not the case with the female maternity leave pay. The Employment Appeal Tribunal held that male employees cannot be compared to female employees on maternity leave. Ali made an appeal to the court of appeal that there was sex discrimination on basis pay given to the workers while on maternity leave. The shared parental leave was meant for childcare, but maternity leave is meant to help women recuperate from pregnancy, birth effects, breastfeeding, and development of relations between the mother and new born child.  The circumstance of the woman is different from the man as Ali was expected to take the leave to provide child care.

On the working Time Regulation 1998, the case of Ville de Nivelles v Matzak (ECJ) on working time is to be evaluated. Matzak was expected to be stand-by and report to work eight minutes after he was called to duty by his employer. The stand by time should be regarded as working time because the employer restricted his movement, and thus Matzak should be compensated for the same (Judgement of the Court, 2018).

4.2 Requirements of equal pay law

The equal pay law works on basis of promoting fairness and the Equality Act 2010 regulation was introduced to ensure that the employers treated their employees fairly. The law holds that men and women should be paid equally as long as they do similar work, similar rated work, and work that is of equal value (CIPD, 2020). Employers are obligated to provide equal pay to the employees to avoid pay discrimination (Hepple, 2010). In my organisation, the HR has promoted pay transparency to ensure that there is no evidence of pay discrimination between men and women.

4.3 Maternity, paternity and other family-friendly employment rights

The maternity, paternity, and family-friendly employment rights are meant to promote work-life balance and childcare. Employers hare obligated to support parents as they seek to commit to their families.

Maternity leave and pay

Before childbirth, women who are pregnant are entitled to paid time off to visit ante natal clinics. Women are entitled to compulsory maternity leave after birth. Women may take statutory maternity leave of up to 52 weeks, with 39 weeks statutory maternity pay. Shared parental leave is available to both parents in. After maternity, women have the right to return to work with the same terms and same benefits, and request for alternative work when there are any possible health risks. They also have the right to be protected from detriment and unfair treatment (CIPD, 2020).

Paternity leave and pay

Fathers are entitled to unpaid time off to accompany their partners to ante natal clinics. Paternity leave is given to the biological father of the child or a partner to the pregnant mother. Paternity leave duration is two weeks, which should be taken any day after the birth of the baby, and within the first 56 days of the baby’s birth date. Same to the women, the fathers have the right to return to the same job with the same terms and conditions of employment (CIPD, 2020).

Family friendly employment rights

The employees have the right to take time off for emergencies, when any of their dependent family members or friends request for such. This means that the employees have rights to flexible working to attend to the issues of concern. However, they are given unpaid off to attend to such.

5.1 Requirements of health and safety law

The Health and Safety at Work 1974 regulation works together with the Management of Health and Safety and Work Regulation 1999. These regulations are meant to promote well-being of the employees in the workplace (CIPD, 2020).

Employers have the obligation to provide safe and healthy working condition for employees and in so doing must follow the statutes and codes of practice under the HSWA act. This means that they should examine causes of harm and assess precautions that should be taken to prevent any harm and risks that may cause injury to employees (CIPD, 2020).

Employees are expected to identify hazards in the line of work and report to the employers to promote safety in the workplace. Flexibility in working hours under the Working Regulation Act 1998 is also significant in promoting health and safety among the employees (CIPD, 2020).

5.2 Explain the significance of implied duties as regards the management of employees at work

Managing employees at work is a responsibility that the employer should take to establish a good relationship that will promote performance in the business. Employers have the duty of treating employees fairly, provide high form of respect to them, and ensure that they develop a psychological contract where each party’s expectations are well defined, respected, and followed (Alfes, Veld, and Furstenberg, 2020). The duty of mutual trust and confidence is an implied term of employment contract, which requires the employers to provide a safe working environment where the well-being of the employees is well taken care of. Employers have the duty to pay employees for the work done, and follow the regulations that enhance fair treatment of all the employees.

Breaching of employment contracts and implied duties result to loss of money that is used in resolving the differences experienced between employer and employee. Failure of the employee to adhere to employment contracts may lead to dismissals, which may sometimes result to financial compensation.

In order to resolve issues that might be considered to be the cause of contract breach; the employers are expected to develop a platform of communication between them and employees.  This according to Dixon-Fowler et al. (2020) enhances development of self-concept, which is significant in determining the involvement of employees in solving some of the conflicts experienced as a result of breach of contract. For the employees, they should be keen to identify misunderstandings before they emerge to conflicts, and seek early reconciliation before making claims to tribunals and courts. They should also make sure that they identify the right procedures that they should follow when addressing grievances.

5.3 Principles of law on freedom of association

Every person has the right to freedom of association under the Human Rights Act 1998. According to ACAS (2020), the Human Rights Act identifies with the basic rights if fairness, equality, dignity, autonomy and respect for all. These are the rights and principles that are incorporated in the employment law for all the employees within a particular workplace. Article 11 of the Human Rights Act developed the right of freedom of association, where employees are given the right to associate with others, and even form trade unions. Employers should never prevent employees from join trade unions, as this would be preventing the employee from exercising the right to freedom of association. It is against the law for an employer to prevent the employee from joining a trade union.

6.1 Requirements of unfair dismissal law in respect of capability and misconduct issues

Dismissals occur as a result of employee inability to complete their job roles and perform their different assigned tasks. The UK employment law requires dismissals to be fair, and this should only happen when the relevant procedures and relevant laws are followed. Dismissals as a result of capability issues occur when employees fail to perform their jobs, and when employers are unable to control the employees as a result of misconduct.

According to ACAS, employers may follow the following steps in disciplining employees as a result of misconduct. The first step understands the options available for an employee to deal with the misconduct or performance. This involves developing strategies to solve the issues. The second step is following a fair procedure where employees are informed of their misconduct and poor performance. Employees may raise grievances or decide to resign, and this gives way to the third step where an investigation is carried out. This involves collecting information on the misconduct or employee capability. The fourth step allows for disciplinary hearing where meetings are held for employees to answer to their misconduct or capability. The fifth decision relates to development of a decision on the disciplinary outcome, which should be fair and reasonable. First, employees may be given a warning, and when they fail to change, they may be dismissed for the misconduct. Finally, a record of kept of the disciplinary procedure, and all the information has to remain confidential.

Dismissal may be as a result of; 1) Misconduct that relates to failure of employees in following instructions, lateness and absenteeism, stealing. 2) Capability that relates to incapability of employees in completing standard jobs, and unwillingness to effectively carry out assigned job roles and responsibilities. 3) Redundancy, which relates to closure of business. 4) Breach of statutory restriction, which identifies with breaking the law and failure to follow the right procedures, and 5) other substantial reason as long as it is fair and genuine, and that which investigations have been carried out regarding the misconduct.

6.2 Scope of the right for employees to be accompanied at serious discipline and grievance hearings

In serious disciplinary grievance hearings, an employee has the right to be accompanied. ACAS explains that the employees can be accompanied by a different person during hearing, but the employee should make this known to the employer, so that arrangements can be made on the same. Companions can either be a worker or colleague who works with the employee, a union representative, or an official who is employed by the trade union. The role of the companion during hearing is to provide a respond to the different points of concern that are developed during the meeting. The companion also takes notes during the hearing, and this helps him/her sum up the important issues of the case after the hearing (ACAS, 2020).  

ACAS (2020) Disciplinary procedure: step by step, online, available at https://www.acas.org.uk/disciplinary-procedure-step-by-step

ACAS (2020) Dispute resolution, online, available at https://www.acas.org.uk/dispute-resolution

ACAS (2020) The Human Rights Act, online, available at https://archive.acas.org.uk/index.aspx?articleid=4898

ACAS Guide, Handling TUPE transfers, online, available at https://archive.acas.org.uk/media/4012/Handling-TUPE-transfers-The-Acas-guide/pdf/Handling-TUPE-Transfers-The-Acas-Guide.pdf

Albert, E. T. (2019) AI in talent acquisition: a review of AI-applications used in recruitment and selection. Strategic HR Review

Alfes, K., Veld, M., & Fürstenberg, N. (2020) The relationship between perceived high‐performance work systems, combinations of human resource well‐being and human resource performance attributions and engagement. Human Resource Management Journal .

Bodie, M. T. (2019) Taking Employment Contracts Seriously. Seton Hall L. Rev. , 50 , 1261.

CIPD (2017) Employment tribunals, online, available from https://www.hr-inform.co.uk/employment_law/employment-tribunals

CIPD (2019) Employment law in the UK: the court system, online, available from https://www.cipd.co.uk/knowledge/fundamentals/emp-law/about/uk-court-system-factsheet

CIPD (2020) Contracts of employment, online, available at https://www.cipd.co.uk/knowledge/fundamentals/emp-law/terms-conditions/contracts-factsheet

CIPD (2020) Diversity and inclusion in the workplace, online, available from https://www.cipd.co.uk/knowledge/fundamentals/relations/diversity/factsheet

CIPD (2020) Employment law, online, available from https://www.cipd.co.uk/knowledge/fundamentals/emp-law

CIPD (2020) Health and safety at work, online, available at https://www.cipd.co.uk/knowledge/fundamentals/emp-law/health-safety/factsheet

CIPD (2020) Maternity, paternity and adoption rights, online, available at https://www.cipd.co.uk/knowledge/fundamentals/emp-law/maternity-paternity-rights/factsheet

CIPD (2020) Pay fairness and pay reporting, online, available at https://www.cipd.co.uk/knowledge/strategy/reward/pay-fairness-reporting-factsheet

CIPD (2020) Transfer of undertakings (TUPE): an introduction, online, available at https://www.cipd.co.uk/knowledge/fundamentals/emp-law/tupe/factsheet

Dixon-Fowler, H., O’Leary-Kelly, A., Johnson, J., & Waite, M. (2020) Sustainability and ideology-infused psychological contracts: An organizational-and employee-level perspective. Human Resource Management Review , 30 (3), 100690.

Golding, G. (2020) The origins of terms implied by law into English and Australian employment contracts. Oxford University Commonwealth Law Journal , 1-29.

Guest, D. E. (2017) Human resource management and employee well‐being: Towards a new analytic framework. Human resource management journal , 27 (1), 22-38.

Hepple, B. (2010) The new single equality act in Britain, The Equal Rights Review , 5 , 11-24.

Judgement of the Court (2018) Case-law, available at http://curia.europa.eu/juris/document/document.jsf?text=&docid=199508&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1#Footnote*

Labour and European Law Review (2015) Redundant Establishment, online, available at https://www.thompsonstradeunion.law/news/lelr/weekly-issue-424/redundant-establishment

Moss, R. (2019) John Lewis to reduce leadership team by a third, Personnel Today, online, available at https://www.personneltoday.com/hr/john-lewis-leadership-restructure/

Odesola, J. F. (2019) The Employer and the Employee: Your Legal Rights in Workplace . AuthorHouse.

Scott, K (2017) Tribunal rules in favour of HRMC in national minimum wage penalty cap case, online, available at https://employeebenefits.co.uk/issues/september-online-2017/tribunal-rules-favour-hmrc-national-minimum-wage-penalty-cap-case/

Simpson, S. (2019) The 10 most important employment law cases in 2019. Personnel Today, Online, available at https://www.personneltoday.com/hr/10-most-important-employment-law-cases-2019/

Springer, C. (2015) Changing contracts of employment: nine key considerations for employers, Personnel Today

STA Law Firm (2019) Worldwide: Redundancy of employment: English Law, online, available at https://www.mondaq.com/redundancylayoff/856972/redundancy-of-employment-english-law

Wintemute, R. (2016) Goodbye EU Anti-Discrimination Law? Hello Repeal of the Equality Act 2010? King’s Law Journal , 27 (3), 387-397.

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• 5EML Employment Law

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• Employment Law 5EML

Level 5 of the CIPD program, "Introducing Employment Law," aims to provide students with an understanding of both UK and EU employment laws. The section aids students pursuing HR in comprehending the importance of legal requirements that influence HR choices made by the organization. HR professionals should identify with the legal jurisdictions that dictate the kinds of decisions and actions they take, as well as the relationships they build with workers when performing their duties. Students gain knowledge of the employment law system and how it affects decisions made by employees and in the workplace regularly about HR. To improve the appropriate management of connections formed inside the company, the learners gain knowledge of both internal and local employment jurisdictions.

The primary subjects that students will study in this unit are as follows:

Recognizing the legal system

This entails being familiar with the goals and purposes of employment law within a certain business. International students may also study the employment laws in their native countries, and students may consult the laws of the UK, Ireland, and the EU. The purpose of the legal system is to provide social justice, fairness, and employee protection. When these goals are not met in the workplace, tribunals and the court system are established to render decisions based on the specifics of the cases and applicable laws. The judicial system plays a big role in settling conflicts. There are several approaches to dispute resolution, such as mediation, arbitration, and early reconciliation.

Steer clear of prejudice

This section gives students advice on how to prevent prejudice, particularly when hiring and choosing staff members. The purpose of the Equality Act 2010 is to guarantee that no employee, or rather, a candidate seeking employment, is treated less favourably by identifying the protected traits that companies should relate to. Students get an understanding of the differences between discrimination by association, indirect discrimination, and direct discrimination.

Law of contracts

Students study the various facets of contract law as well as the components of a contract, such as offer, acceptance, parties` consideration, and the goal of creating a legally binding agreement. Additionally, students study the distinctions between express and implied provisions in contracts. Additionally, learners should be aware that contracts are subject to modification under the flexibility clause.

Organizational transformation

Organizations change when employers choose to decrease staff through layoffs; business transfers are another factor in organizational transformation. Redundancy laws include the Trade Union and Labour Relations Consolidation Act of 1992 and the Employment Rights Act of 1996. They should be adhered to to determine whether redundancy is required, and workers should be consulted. TUPE rules pertain to business transfers and guarantee employees` right to their employment terms and benefits, even in the event of a business transfer.

Rights of Workers

According to the National Minimum Wage Act of 1998, all employees have statutory rights to compensation. By Working Time Regulation 1998 and Working Time Directive legislation, they also have the right to work and the right to leave. Workers also have the right to paid time off for situations involving friends and family, as well as maternity and paternity leave. According to the Health and Safety at Work 1974 legislation, employees have a right to safe working conditions that guarantee their well-being. Employers are required by law to uphold the conditions of the psychological contract that they have formed with their workforce and to encourage equity, respect, and fairness. Article 11 of the Human Rights Act, which relates to the freedom of association, gives employees another right.

Employers must adhere to the correct protocols when it comes to handling misbehaviour and competency concerns during a dismissal. This promotes equity in the process of terminating employees. The five legitimate reasons for termination—misconduct, capability, redundancy, violation of statutory restriction, and any other cause as long as it is sincere and equitable for the employer and employee—should be known to students enrolled in employment law courses. Employees are allowed to be accompanied during the disciplinary hearing process before being dismissed. Students want to understand the significance of the parties who accompany employees during the hearing procedure.

5EML Evaluation

Learners will be asked to assess at the end of the unit, in which they will need to create a booklet with specific questions on the topics covered in the lesson.

Learning objectives

1. Gain an understanding of the rationale behind employment regulations and how they are implemented by the learner.

2. Be aware of the legal requirements for managing hiring and selection processes.

3. Understand how to properly handle restructuring and change.

4. Be able to legally handle matters about compensation and working hours.

5. Be able to guarantee that employees receive legal treatment while they are at work.

6. Be aware of the legal ways to handle performance and disciplinary issues.

Evaluation standards

1.1 Describe the purposes and goals of employment regulations.

1.2 Explain how the courts and tribunals carry out the task of upholding employment laws.

1.3 Describe the methods used to settle disputes both outside of and during official court processes.

2.1 List the fundamental ideas of discrimination legislation as they relate to hiring, selection, and employment.

2.2 Define employment contracts and their establishment.

3.1 Explain the circumstances and legal means of contract modification.

3.2 Describe the redundancy law`s primary requirements.

3.3 Describe the primary business transfer legal requirements.

4.1 List the main legal protections that employees have regarding compensation, leave, and working hours.

4.2 Describe the main conditions of the equal pay legislation.

4.3 Describe the main rights related to maternity, paternity, and other family-friendly employment.

5.1 List the main demands of the legislation about health and safety.

5.2 Describe the importance of implied obligations about employee management at work.

5.3 Describe the fundamentals of the law of associational freedom.

6.1 Describe the fundamental standards of the unfair dismissal legislation about problems of misbehaviour and capacity.

6.2 Describe the extent of the right of workers to be in attendance at grievance and serious discipline hearings.

You can also read a sample Developing and Using Consultancy Skills 5CNS .

What does this unit provide learners?

After completing the course and the EML evaluation, students will have a better grasp of employment law, including its goals and methods of enforcement in the workplace. I`ve gained knowledge of legal compliances and best practices in a variety of HR-related areas, including hiring and employee selection, salary equality, managing workers legally, performance management, and legal disciplinary actions and processes.

• Recognise the difficulties in carrying out HR tasks legally.
• Understand how to handle employees legally.

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5EML Employment Law

Introducing employment law.

5EML is a CIPD unit in level 5, which seeks to provide learners with insights on the UK and EU employment legislation. The unit help learners pursuing HR understand the significance of legal requirements that impact HR decisions within the organisation. When carrying out their roles, HR practitioners should identify with the legal jurisdictions that determine the kind of actions and decisions that they take, as well as the relations that they establish with the employees. The learners get to learn about the employment law system and how that works to influence the daily HR activities and decisions in the workplace and among the employees. The learners get to learn about the local and internal employment jurisdictions, with the aim of enhancing proper management of relationships established within the business.

Topics of study in Employment Law

The following are the main topics that students will learn in this unit;

Understanding the legal system

This involves learning the aims and objectives of employment regulation within a particular company. The students may refer to the UK, Ireland, and EU regulations, and international students may also learn the employment regulations in their home countries. The legal systems are meant to create social justice, fairness, and promote employee protection, when these issues are not adhered to within the workplace, the tribunal and the court system comes into place to make judgements based on the particulars of the claims and the legal laws. The legal system is significant in resolving disputes. There are various methods used in resolving conflicts, and they include early reconciliation, mediation, and arbitration.

Avoiding discrimination

This is a section that provides insights to learners on how to avoid discrimination especially in recruitment and selection of employees. The Equality Act 2010 identifies the protected characteristics that the employers should relate to with the intention to ensure that no employee or rather candidate seeking employment is treated in a less favourable way. Learners get to differentiate between direct discrimination, indirect discrimination, and discrimination by association.

Contract law

The learners get to learn the different aspects of contract law, and the students should learn the different elements of a contract, which include offer, acceptance, consideration of parties, and intention to create legal bindings of the contract. Learners also learn the differences between express and implied terms of contract. Learners should also understand that contracts can be changed under the flexibility clause.

Organisational change

Changes occur within organisations when the employers decide to reduce the workforce through redundancy, business transfers are also cause of organisational change. The Employment Rights Act 1996 and Trade Union and Labour Relations Consolidation Act 1992 are guiding laws to redundancy. They should be followed to ensure that redundancy is necessary, and employees should be consulted. On business transfers, TUPE laws identify with the employee entitlement to the terms of employment and continuity of employment even after transfer of business.

Worker’s rights

The employees working in any organisation have statutory rights to pay on basis of National Minimum Wage Act 1998. They also have the right to leave on basis of Working Time Regulation 1998, and right to working time on Working Time Directive regulations. Workers also have the rights to maternity leave, paternity leave, and off days to attend to family and friends emergencies. The employees have a right to safe working conditions under Health and Safety at Work 1974 regulation, to ensure that their well-being is well catered for. Employers have an implied duty to promote fairness, respect, and adhere to the psychological contract terms developed between them and the employees. Another right that the employees have is under article 11 of the Human Rights Act, which identifies with the freedom of association.

On dismissal, the employers should follow the right procedures to address issues of misconduct and capability. This creates fairness in making dismissal decisions. Learners taking the employment law course should be aware of the five justified reasons for dismissal, which include misconduct, capability, redundancy, breach of statutory restriction, and any other reason as long as it is genuine and fair to both the employee and employer. Before dismissals, employees are given a chance to be accompanied during the disciplinary hearing process. Learners should learn the role of the parties accompanying the employees in the hearing process.

What will learners gain from this unit?

By the end of the course and completion of EML assessment, learners will;

• Have gained an understanding of employment law, its aims and objectives, and how it is enforced within the workplace.
• Have learnt the best practice and legal compliances in different HR activities, relating to selection and recruitment of employees, equality in pay, employee management in accordance to the law, and performance management and legal disciplinary matters and procedures.
• Become aware of the complexities of lawfully completing HR roles
• Learn how to treat employees in accordance to the law

5EML Assessment

After completing the unit , learners will be expected to complete an assessment where they are required to produce a booklet with specific questions on the above discussed issues.

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How to Write a CIPD Level 5 Assignments with Examples

Before delving into the topics of CIPD Level 5 assignments , we will first give a brief overview of what it is. The acronym stands for Chartered Institute of Personnel Development. It mainly focuses on the subjects of Human Resource and Learning and Development. This qualification is extremely valuable and is acceptable around the UK. Human Resources and training practices are aimed at private, public, and charity sectors.

Through the years, the certification attained recognition in further parts of Europe as well as Ireland. It also became acceptable in the Middle East, UAE, and some Asian regions. There are three basic levels of CIPD. Level 3 is aimed at beginners of the HR field and is meant to build a strong foundation. Level 5 teaches HR Learning and Development at the intermediate level. Candidates preparing for professional positions are eligible for this course. It is also equivalent to having an undergraduate degree. The final level is Level 7 , which is an advanced diploma in the field of HR. This comes equal to a master’s or postgraduate degree.

Now that we have gone through the details of a CIPD qualification, it is time to turn to our guide. We have some major tips to help everyone out there who is doing CIPD Level 5. Assignment writing is essential for any academic certification. However, it can also be pretty daunting when it is time to begin. You might find yourself unable to cope with the task. Or find yourself at a loss when it comes to inspiration. But, with the proper guidance, you can overcome these hurdles and more pass with flying colors.

Plan Everything Out

Be prepared, right from the start. Do not wait for deadlines to complete your assignment. In fact, double and triple check the due date to make sure you finish your work before it arrives. Read carefully through assignment criteria and any other attached instructions. Skim along with your texts, any reference material given, and write down notes to not miss out on anything. This also helps out in mapping down what is expected from you in the assignment. Remember to have an organized timeline. Give an ample period to each phase like outlining, research, drafting, and the final touches before you submit.

Do Not Limit Yourself

Writer’s block is a common ailment that can strike you at the most inconvenient of times. Your intellectual juices might stop flowing as soon as you sat down in front of a blank page. Do not stress yourself out even more though, by getting anxious over it.

To get the flow going, write any relevant idea that is coming to your mind then. Be it a weak and unpromising one. Even a false start is a good start as your brain will start catching up eventually. You just need to jog things a bit to get this muscle going. The more things you write, the clearer your concept will become.

It is important to stay away from the temptations of procrastinating at a time like this. If you hesitate to write anything down and keep waiting for a brilliant spark it might not ever happen. All you need to focus on is continuing to follow your writing schedule even when you don’t want to. This inspiration will hit when you least expect it.

Bring Out the Scholar in You

Academic essays are much different than publications of other styles. They are written formally and need critical thinking to research upon existing theories. When you are going through sources, the best options are peer-reviewed journals or similar academic papers. Other written material like blogs or non-academic articles is not valid resources for the most part. You will most likely need to read through multiple sources before getting the information you desire. Hence, be patient and observe carefully whatever you are read.

Citation is Very Important

Citing and referencing is an essential part of writing an amazing assignment. Academic articles and journals provide authenticity to your work. Therefore, it is important to cite your sources and have a complete list of references. This should be practiced even while taking notes. The Harvard system is used for referencing CIPD assignments. So, it is essential to get used to it earlier on in the assignment writing process.

Edit and Revise

The last stage of the paper is editing and reviewing, which is as important as writing. Make sure all the requirements are being met. Check for any grammar, spelling, or sentence structure errors. The readability of your assignment can also be examined with the help of a friend or CIPD tutor. Finishing a few days before the deadline gives you the time to do all these little yet necessary things.

CIPD Level 5 Assignment Examples

• Assignment Topic: Developing Professional Practices

Objectives: Comprehend what is needed to be an efficient HR professional. Become capable of performing effectively. Gain knowledge about how to create, implement, and review a plan for personal development.

• Assignment Topic: Group Dynamics and Resolving Conflicts

Objectives: Selecting a model or theory to explain the aspects which affect group dynamics. Implementing it for team development. Describing examples of conflict resolving methods and applying them to a conflict situation

• Assignment Topic: Project Management

Objectives: Summarizing a business plan. Application of project management techniques. Analyzing or resolving an issue with the help of these methods.

• Assignment Topic: Effective HR professional

Objectives: Introducing and explaining the usage of a CIPD profession map. In the context of both HR organizations and professionals. Describing a range of related activities, knowledge, and behavior from selected professional sectors.

As any other academic assignment, CIPD Level 5 also takes considerable hard work and dedication. However, if you find things too overwhelming, our CIPD Assignment Help service is just what you need. We provide you with the most expert and experienced writers in the field to do the job for you. Our content is sure to help you get the diploma in no time, at the most affordable cost.

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• CIPD Assignment Advice: Conducting Research, Preparation and Referencing

Start a new career in HR with a CIPD qualification

16 July 2020 - 3 min read

How to conduct research for your CIPD assignment?

For CIPD level 3, 5 and 7 use CIPD factsheets and core textbooks as a starting point. It is vital you purchase the recommended core text as these have been written to help with the content areas of the assessment itself.

Both the CIPD factsheets and the core textbooks will provide an overview of the key theories and importantly will signpost you to other valid and reliable sources (the CIPD factsheets have links within the text) and importantly will provide a list of references at the end. It is the links (within the factsheets) and the list of references at the end of the factsheets and textbooks which will enable you to provide a further exploration of the available sources.

Learners should also read the details for the CIPD unit/module, on the Acacia Student Hub, to familiarise themselves with the topic beforehand.

For CIPD Level 5 and particularly, CIPD Level 7

A number of these sources can then be found within respected search engines. On this point, avoid just typing in details of what you want to research within a general ‘Google’ search. Use respected ‘academic’ search engines. For example, Google does provide a search engine for ‘academic literature’, including journals known as  Google Scholar  with a useful  guide  on research tips and using citations.

Importantly, the CIPD provides  research  reports on their  Knowledge Hub , usually written by respected academics, professionals, and practitioners. For all level 5 and 7 learners, just like Google Scholar, the CIPD’s EBSCO: Business publications and  journals site  provides an extensive range of academic and professionals journals (more extensive than Google Scholar), for research which critically evaluates the theory in more depth (important at level 5, but vital at level 7). The CIPD provides lots of help on using this site and exploring further.

We discourage you from using Wikipedia as a source, after all this is an open site, where anyone can contribute. The contributions are anonymous so we don’t know the source, so how can we claim that the research is coming from valid and reliable sources if we don’t know these (the same can be said if we just find ‘random’ sites, with unknown named sources via Google). However, Wikipedia is good for background reading (along with other sources) on the subject. Also, of vital importance, Wikipedia does cite references within the text and provides details in their list of references at the end. Consider these citations and references (determining who wrote them) as a way of identifying further research sources.

On a final point, whilst, reports from professional consultancy organisations (i.e. KPMG, PwC, Deloitte, Accenture, Ernst & Young) do provide up to date research and valuable insights on the industry, you need to be aware that the reports may not have been written by independent named academics who have scrutinised the research in terms of the methods used and conclusions provided. Whilst, these reports can be used, make sure you analyse the results taking this into account and the fact that the research has been written by a commercial organisation, who may benefit commercially from the findings.

In terms of the above points, the CIPD Knowledge Hub (see link above) provides excellent guidance on conducting and scrutinising the research evidence. One report that is particularly useful is the CIPD’s excellent  In search of the best available evidence (2016) , which investigates why evidence-based practice is so important, the principles that underpin it, how it can be followed and how challenges in doing so can be overcome Outside of the CIPD core texts and sources the books by Stella Cottrell provide very useful help:

The Study Skills Handbook (Macmillan Study Skills) Paperback – 18 Mar. 2019  >

Critical Thinking Skills: Effective Analysis, Argument and Reflection (Macmillan Study Skills) Paperback – 17 Mar. 2017 >

Preparation: How do I prepare? How should I manage my time?

Applies to all CIPD levels. Download all the assessments right from the start and provide an initial scan over these, so you can start scoping, from the very start, what is involved for each unit. Some learners seem surprised at what is involved within the assessment when they attend their first session for the unit. Preparation beforehand will almost certainly take away the element of surprise (or unexpected shocks).

If you know the timetable for the units/modules, start putting the deadline dates in the diary. Remember these are deadline dates, you can submit beforehand. Try to put a completion date in your diary of when you intend to complete the assignment, maybe 3-5 days before the deadline date. This gives you time to read over the assessment and reflect on this. We find there is a strong correlation between people not passing an assessment if they submitted the assessment very close to the deadline date and time (with only minutes, sometimes seconds to spare).

Just before starting the new unit/module, read over the requirements thoroughly and then start identifying key chapters/texts that relate to the assessment criteria.

Once you have read over the assessment activity and criteria, start preparing a list of questions (of where you may be confused and/or want further clarification) in readiness for the sessions.

Start the assignment as soon as possible after the session. This is advisable, as information is fresh in your mind. Dedicate time in your diary to work progressively on the assessment (maybe an hour a day). This means you can go away and reflect on what you have written, and then revisit the assessment with a fresh perspective. Do not wait for the last minute for inspiration, it rarely happens, particularly when we are feeling stress and anxiety.

Structure: What format should I use for my assignment?

Applies to all levels: This will vary depending on the assessment activity. Make sure you read the requirements of the assessment activity/criteria carefully and importantly follow the guidance of the tutor. If in doubt, do not ‘suffer in silence’ or make ‘assumptions’ ask the tutor within the sessions, or email them as soon as possible, at least a week before the deadline date.

Referencing: How do I reference different sources?

Applies to all levels: In two words use Harvard Referencing. As well as help on the learning hub and the handbooks. Many of the universities have guides on Harvard referencing (written by academics). For example, a very useful interactive guide has been written by  Anglia University  along with a PDF summary guide. Google Scholar and the CIPD’s EBSCO site provides a ‘citation’ button/link to help with this. Also, there are numerous tools to help with referencing/citations including  Microsoft Word  and  Neil’s ToolBox .

Overall, outside of the CIPD core texts the books by Stella Cottrell provide very useful help:

The Study Skills Handbook (Macmillan Study Skills) >

Critical Thinking Skills: Effective Analysis, Argument and Reflection  >

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CIPD Assignment – Blog

• 5EML ASSIGNMENT Employment Law Examples

CIPD or the Chartered Institute of Personnel and Development is one of the oldest and most prestigious HR associations.  Founded in 1913, there members are spread globally and across voluntary, public, and private sectors. It is undoubtedly the leading body for accrediting HR qualifications. Its L&D and HR qualifications are accepted worldwide as benchmarks of professional standards within this industry.

Having a CIPD qualification on your CV shows recruiters and employers that you have gone an extra mile. It shows your eagerness to put in extra effort for gaining more expertise in your chosen field. Of course, there are other qualification which are less well-known yet develop the same skillset. However, the reputation of a CIPD certification holds an upper hand when it comes to credibility.

There are three levels of a CIPD qualification which are:

• Foundation (Level 3) – Introduction to Human Resources and Learning and Development.
• Intermediate (Level 5) –Undergraduate level for building further your expertise in HR and L&D.
• Advanced Level (Level 7) – Postgraduate level of study for experienced professionals of the field.

Completing and progressing through these levels involves considerable hard work, yielding great reward. It is our mission at HND assignment services to guide professionals in reaching their career goals. This 5EML assignment sample will help you understand what the course has in store for you.

We are certain that this complete overview of CIPD 5EML assignment will help you understand the course’s content. You can boost your skill and credibility with ease by obtaining this qualification. It is not only beneficial for a beginner but will also develop your knowledge as an experienced professional. Studying for it will familiarize you with the latest theories and best practices being applied in the field.

For further help contact our CIPD assignment help UK . We specialize in CIPD assignments and have expert writers who know the demands of the field. With our assistance you can rapidly advance through the course, opening newer and better career opportunities for yourself.

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Employment law 5EML

• September 20, 2020
• Posted by: Harry King
• Category: CIPD Level 5

There are six primary areas that the student can be assessed based on the unit content. The assessment questions are divided based on the study topics.

Question one: T he questions in these sections are based on the students ’ ability to understand employment regulations and the legal system.

• Explain the objectives and aims of the employment laws and regulations

The students are expected to explain at least three different objectives of employment laws. The explanations should be detailed and in three different subtopics or paragraphs. It is recommended that the answers should be selected from the following primary objectives; justice, compliance with international regulations, Fairness, protection of employees, delivery of government policies as well as meeting the socioeconomic objectives.

• What is the role of the employment tribunal and the court system in the enforcement of employment law?

This question requires that the student must describe the way the courts enforce the employment law by applying the law in its rulings. The answer to this question can be presented in a flow chart showing the hierarchy of the courts from the tribunal through the courts up to the supreme. At each stage of the hierarchy, the student should give a brief explanation of what happens.

• Discuss ways of dispute resolution before and after formal legal procedures

By asking this question, the examiner seeks to assess the students understanding of alternative dispute resolution approaches. The student should discuss at least three methods of dispute settling before and after the tribunal. The methods include but is not limited to reconciliation, mediation and arbitration.

Question two tests the students understanding of lawful recruitment and selection processes.

• Explain the principle of discrimination law during the selection, recruitment and employment.

To meet the criterion, the student should identify the three principles of discrimination law providing examples for each. Additional points will be earned for students who reference the Equality Act 2010. Nevertheless, identification of at least two types of discrimination and relevant case laws is highly advised to demonstrate an understanding of discrimination law.

Question three tests the learners understanding of lawful change management and reorganisation

• Describe the process of establishing contracts of employment and the main requirements of redundancy law

When answering this question, learners should explain the process of varying employment contracts, managing redundancies and addressing transfers. It is a two-part question that should be answered in two different paragraphs: There are also four primary elements of employment contracts that must be covered in this question. The students should ensure that they describe offers, acceptance, intention to create legal regulation and consideration as factors for consideration in the creation of employment contracts. Further, the answer should define the difference between implied and express terms of a contract i.e salary, job title, work hours, holidays, notice period, pensions among others.

To answer the requirements of redundancy law section, the students should make reference to the employment right act 1996 and the trade union and labour relations Consolidation Act 1992. It is crucial to outline the steps that must be followed when carrying out redundancy and the consequences of not following the right process.

Question four: The questions in this section focus on organisational change and the statutory requirements.

• Discuss statutory requirements for business transfers

The correct answer to this question must explain the law relating to Transfer of Undertakings Protection of Employment 1996. The student should outline and give a brief explanation for successful transfer and acknowledge challenges that need the HR profession for legal advice.

• Discuss the primary employee rights according to employment law.

This criterion can be met by the identification of employee rights such as equal pay, maternity and paternity leave and working hours. Learners should illustrate each right with a relevant law to earn more points. For example, the Working time regulation of 1998 and the health and safety act of

1974 have clauses on working time, giving recommendations for working week, rest periods and night work. The student should also explain the major or basic requirement for each law discussed above highlighting areas that are important for line managers to know about. To earn more points students should explain the penalty for breach of each of the employee rights as stipulated by the law.

Question five: questions in this section are based on statutory safety and health issues in the workplace as well as implied duties of employment contracts and freedom of association. Examiner may ask:

• What are the primary requirements of the health and safety laws?

Making reference to the health and safety at work Act of 1974, learners should identify principles guiding both the employer and employees on health and safety issues in the workplace.

• Briefly describe the significance of implied duties concerning the management of employees at work.

The student should provide an explanation of the implied terms i.e trust and confidence, and the consequence of breach for the employer. In the explanation, the learner should list options for both employer and employee. The employees’ option may be to resign and claim constructive dismissal and employers’ option may be to address the presented allegations.

• Briefly explain the principles of law on freedom of association

The answer to this question should refer to the human rights act 1998, article 11 titled freedom of association. The students should elaborate on this article highlighting employee rights under the trade union membership.

Question Six: These questions test the students understanding of statutory grievance handling procedure and disciplinary actions .

• What are the primary components of the unfair dismissal law concerning capability and misconduct issues?

The student should answer this question by explaining the process to be followed when addressing misconduct issues. The process must include suspension, hearings, evidence and appeals. Citing the employment Right Act 1996, the learner should also give reasons for fair dismissal.

• Discuss the scope of the right to be accompanied in a serious discipline and grievance hearing

The right to be accompanied defines the person who can accompany an employee to a grievance hearing and their role in the hearing. The student should support this answer with valid reasons of why the employee should be accompanied to the hearing

At the end of the assessment, the learners will have a comprehensive understanding of the purpose of employment regulations and its practical enforcement in organisations.

[…] Employment law (5EML) […]

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