cipd 5eml assignment example

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5EML Assignment Example

• October 28, 2020
• Posted by: Harry King
• Category: CIPD Level 5

1.1 The aims and objectives of employment law.

According to Avado (2020), employment law is a collection of laws and rules that regulates the relationship between employers and employees in an organization. The law governs what employers can ask their employees to do, what employers can expect from employees and the rights and freedoms of employees at work.

As per the European law, the purpose of employment law in organization incudes:

• Equal Treatment. It provides legal protection to both employees and employers. Also, it protects employees from unfair treatment by the employer as stipulated in the Equality Act 2010.
• Social Justice. Is based on equality. It ensures employees in the lower earning bracket enjoy equal opportunities and employment rights such as maternity leave and medical leave.
• This law ensures that all employees are subjected to the same laws guiding selection, recruitment, dismissal and salary payment by the employer.

1.2 The role played by tribunals and other courts in the UK in enforcing Employment Law

Employment tribunals deal with claims raised by employees against their employers. For instance, claims relating to unfair and wrongful dismissal, unequal pay, discrimination or wage deductions.

There are two categories of Employment Law in the UK; Private and Civil law. Complaints and claims raised by employees such as discrimination, unequal pay and unfair dismissals by their employers are heard by the employment tribunal whereas the ordinary civil courts deal with cases such as accidents in the workplace.

(CIPD, 2020)

According to Pearson’s Chamber Law, 2017 an employee is entitled to raise a claim after termination of an employment contract and the claim must be made within three months of the termination. The Tribunal ensures the Advisory, Conciliation and Arbitration Service (ACAS) code is followed by both the employer and the employee. Tribunals are obliged by the decisions of the Employment Appeal Tribunal (EAT), Supreme Court, and Court of appeal to consider any new cases.

The UK justice system supports appeals against decisions made to the employment appeal tribunal. For instance, Pimlico vs. Smith case, “An appeal against a decision that the claimant, was claiming for disability discrimination, was a worker rather than self-employed. Appeal dismissed” (Employment Case Update, 2017).

• To begin with a claimant must first raise a claim to the Employment Tribunal (ET) including specifications and reasons for the claim. The claimant must include an Employment Tribunal document specifying an earlier conciliation process.
• Preliminary hearing is made prior to the main tribunal hearing headed by an employment tribunal judge. The tribunal basically comprises the employment tribunal judge and two members during the hearing process.
• Tribunal hearing begins either a preliminary or full hearing
• The tribunal looks at alternative ways of settling the claims and the settlement agreement.

1.3 Ways of settling disputes before and during the Employment Tribunal process

According to the American .bar.org, (2020), dispute resolution involves all those processes that can be used to resolve a conflict, claim or dispute. Dispute resolution in every organization is essential to enhance productivity and efficiency among employees and employers in an organization. There are various ways adopted to settle disputes within organizations such as;

• Arbitration

Arbitration involves independent individual deciding cases of unfair dismissal, makes conclusive decisions on a dispute, settles individual disputes and also solves all employment disputes within an organization. (Acas.org.uk, 2020)

The pros of arbitration are:

• It is more effective and faster than litigation in employment tribunal courts.
• Flexible and Inexpensive

The cons of arbitration are:

• It is inconsistent.
• Parties waive their rights and give full power to the judge to decide the case when the arbitration is binding.

Is a technique used for resolving disputes in an organization between employers and employees. According to the CIPD, mediation has the capacity to: boost communication and better relationship among employees, assist workers to emphasize with each other’s emotions and situations and lastly, assisting parties involved in conflicts to hold open conversation in settling their claims and disputes.

The pros of mediation are:

• Inexpensive for both parties involved.
• Flexible in producing acceptable solutions and settlements of the claim

The cons of mediation are:

• Mediation process could fall through.
• If one party fails to listen or fail to mutually agree then the case would end up in court (Lawshelf.com. (2019).  

2.1 The importance of ensuring that the recruitment and selection process of new employees is fair .

In the UK all forms of discrimination in the workplace by employers and employees are managed by the Equality Act 2010. This Equality act 2010 has nine characteristics that it protects; maternity leave, disability, race, religion, gender realignment, marriage sex and sexual orientation (Avado, 2020)

Employers are advised through ACAS to avoid any form of discrimination relating to equality act, 2010 especially during recruitment, selection and job advertising process of new employees (Acas.or.uk)

Discrimination under Equality Act, 2010 can take any of the following forms;

• Associative
• Victimization

For instance, during recruitment of new workers, employers should not discriminate against any of the protected characteristics under the equality act. Employers must not inquire about private matters of the interviewee such as the matrimonial status and ethnic customs. Similarly, employers should avoid hiring based on body shape and appearance.

CIPD mentions that direct discrimination occurs when an individual is considered less favorable than others during the recruitment period due ones characteristic. Therefore according to Avado (2020), the claimant must be able to indicate that he or she was treated differently due to one of the characteristics in the equality act, 2010.

Indirect discrimination occurs when an employer of an organization puts specific people at a protected characteristics at a disadvantage position to prevent them achieve a targeted objective (Avado, 2020)

2.2 How a contract of employment is created

There are five stages in employment contract creation;

According to CIPD, a job offer is a binding contract in form of a formal letter that stipulates the main terms being offered by an employer to a new employee. It is legally binding once the new employee accepts the job offer.

It is when the employee accepts the job offer, thus making the offer official and legally binding.

• Intentions to create legal relations

It specifies that the contract is legally binding between the employer and the new employee

• Consideration

It specifies what both the employer and employee to offer one another in the contract.

• Certainty as to terms

It simply outlines the legal requirements of the offer subjected to acceptance. It is usually clear and precise.

3.1 Laws to be aware of as organizations change and develop

Contracts legally bind agreements between employers and employees, thus cannot be changed without agreement of both parties included. Contracts made between the employers and employees mainly include agreements of working hours or salary payment range.

Process followed when varying a contract of employment

• Collective agreements . Employers are required to write to their employees first to inform them of any changes in the contract. The changes my alter terms of employees written statements such as working hours or pay.
• Flexibility clause. The employer is guided by terms in the contract which gives the employer the right to alter the condition of nay employer such as relocation.
• Changes of employer. If an employee shifts to a different employer then the former employer can issue a new written statement. This does not apply in a case whereby the organization business name changes or a new employer but no change in the agreement terms then no need for a new written statement.
• Disciplinary measure. The employer has a right to change the terms and condition of the agreement of an employee such as demotion in case of disciplinary measures against that particular employee (gov.uk, 2020)

3.2 Main Requirements of Redundancy Law

Redundancy occurs when an organization is on liquidation. This happens when the organization is close to bankruptcy thus it opts to sell its assets to reduce costs.

According to the employment rights act 1996, it considers reasons for redundancy in section 139 as; the employer intending to cease operations of the organization in which employees were employed.

Redundancy affects the morale, motivation and productivity of the employees in an organization. Employers should thus consider the following steps in reducing redundancies.

• An organization should consider putting on hold some activities such as overtime, new the recruitments to save on costs.
• To seek assistance to determine the number of workers affected and the reason for redundancy dismissals
• Redundancy selection. Weather to dismiss employees with regards to attendance, disciplinary action or performance records
• Alternative employment. The possibility of creating alternative employment to redundant workers
• Redundancy payment. Costs to be considered either direct or indirect to pay redundant workers.
• Notification of dismissal to be done in writing to all employees facing redundancy.

3.3 Requirement for addressing Transfer of Undertakings Protection of Employment (TUPE)

Protection of Employment Regulations 2006, as amended by “Collective Redundancies and TUFE Amendment Regulations 2014” (ACAS, 2020) specifies two scenarios of transfer undertaking as per CIPD guide;

• Transfer of a business to a new employer
• Change of service provision (CIPID guide, 2020)

Transfer Undertaking Process

TUPE varies depending on the form of transfer, either if it is a business transfer or a service provisional change. CIPD stipulates the following main factors to be considered during a transfer undertaking process

• In this stage, affected employees by the transfer undertaking are identified.
• The outgoing employer informs in advance the employees affected about the transfer. This is very crucial since failure of informing the employees in advance can subject the employer to compensate the employee if a claim is filed.
• Staff consultation. Both the outgoing and incoming employers make consultative meetings with all employees before the transfer is effective. This should offer time to conduct fair election to fill replacements of vacant positions.
• Employee Liability. Affected employees by the transfer must be identified earlier so that the outgoing employer can give the incoming employer the information at least 28 days prior to the transfer. Identities of employees, statement of particulars and the collective agreements, disciplinary action details and any legal action details should be prepared earlier by the outgoing employer.

(ACAS, 2020)

In the UK, any automatic unfair dismissal claim leads to either Basic and Compensatory award payment. Basic calculation award which is ordered by the Tribunal of up to 16,140 pounds. Compensatory award presently the statutory cap of 88,519 pounds, or a 52 weeks gross salary as the lowest. (landaulaw.co.uk, 2020)

4.1 Rights of Employees during employment

Under the UK laws, there are a variety of stipulated laws and regulations that define employee’s rights and entitlements;

• The Employment Right Act 1996
• Health and Safety at Work
• Working time regulation 1998

• Working Time

In UK, the working Time Regulations Act, 1998 stipulates that the allowed working hours for employees is approximately 48 hours in a week. Exception is only considered for employees in the army and the National police. (Gov.uk, 2020)

For instance, in a case between Hughes vs. Corps of Commissionaires Management (No2)(2011), The court of appeal ruled out that a guard working a 12 hour shift could start a rest break if the client interrupted the guard’s rest break by a cellphone call from the client (employmentupdates.co.uk, 2011)

The UK government through the National Minimum Wage 1998 declared that the minimum wage rate per hour depends on the employee’s age. The rates are adjusted every April of the year. (Gov.uk, 2020)

• Maternity and Paternity Leave

The Working Time Regulations 1998, specify that all employees are entitled to a minimum of not less than five weeks or approximately 28 days of paid annual leave per year (Gov.uk, 2020)

4.2 The major maternity, paternity and other family-friendly employment rights.

The following are legislations covering family-friendly rights

• Maternity and Paternity 1999

Every female employee is entitled to maternity leave of 52 weeks. Two weeks compulsory leave during birth of the child. The first 26 weeks of ordinary maternity leave (OML) and an addition 26 weeks of additional maternity leave (AML).

• Shared Parental Leave (SPL), 2014

Gets 50 weeks leave and 37 weeks of pay (CIPD, 2020). Can be available for work after handing notice to finish her maternity leave early

• Statutory Maternity Leave (SML)

An employee is entitled to get a statutory maternity leave and must give the employer the correct notice (Gov.uk, 2020). It is payable for 39weeks. 90% of the salary is paid for the first 6 weeks and the rest 145.14 pounds paid for the following 33weeks (CIPD, 2020).

To qualify for SMP, one must be an employee not a worker ,earn an average of at least 118 pounds per week, provide proof of pregnancy ,give the notice period and have worked for a period of at least 26weeks (Gov.uk, 2020).

• The Work and Families Act 2006

Employees on maternity leave are allowed to work for 10 days without losing maternity pay.

• Children and Families Act 2014

Under this act employees can get 52 weeks of Statutory Adoption Pay (SAP) of which 39 weeks are payable.

5.1 The major requirements of health and safety law.

Under the Health and Safety at Work Act (HSWA) 1974, and Management of Health and Safety at Work Regulations 1999, employees are required by law to ensure health, safety and welfare at work.

Both employees and employers have the responsibilities to ensure they operate on a healthy and safe work environment as set by the HSWA.

Duties of the employers:

• Employ competent and safety-conscious staff
• Provide a safe place and system of work
• Provide adequate plant and equipment. (CIPD, 2020).

Duties of the employees are:

• Cooperate with employers to attain the health and safety requirements
• Make health and safety their paramount priority. (CIPD, 2020)

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

In accordance to CIPD, employers have a duty to provide a safe work environment to employees by:

• Publishing health and safety policy guidelines
• Establish a health and safety committee.
• Set up continuous risk assessments
• Monitor and improve safety arrangements
• Conduct constant training (CIPD, 2020).

Employers should communicate the above clearly to the employees and make the information easily accessible. Risk assessments that identify potential hazard should be under taken regularly. Moreover employers are required to keep record of their risk assessments and set up emergency procedure (CIPD, 2020). Furthermore, employees are protected under the Equality Act 2010 from victimization, harassment and bullying related to a protected characteristic.

Under the Health and Safety regulations, all employers have responsibilities to ensure their employees operate in a safe conducive environment; failure to this it will be within the employee’s right to claim constructive dismissal.

The employer may terminate the employee’s contract when the employee breaches the duty of implied trust and confidence.

The employee must communicate effectively and clearly with the employees, update the policy and procedures, involve employees with work environment surveys and undertake risk assessments on regular basis to void a breach in trust and confidence.

5.3 Principles of the law on freedom of association.

In accordance to article 11 of the Human Rights Act 1998, states that, freedom of association entitles people the right to form societies, clubs, and associate with people individually, but without interfering with the government as part of the trade union or protest to protect their interests (Equalityhumanrights.com, 2020).

However for this to happen, conditions should be in accordance with the following Employment Law;

• The action must be supported by a ballot
• The action must be lawfully called
• The union must notify the employer of its intention to take action
• The action must take place within a specified period after the ballot
• Industrial action must be taken in contemplation or furtherance of a trade dispute
• The ballot itself must satisfy a series of procedural requirements (Employment Law Watch, 2020).

6.1 Requirements for addressing disciplinary actions relating to capability and misconduct issues.

Dismissal occurs when an employee’s contract is terminated abruptly with or without notice due to valid reasons such as misconducts, incompetence or redundancy. For the dismissal to be legal the employer follows the fair dismissal processes specified by the Employed Right Acts and ACAS. They are:

• Raise and get involved with the dilemma promptly, and act consistently.
• Consideration is given to suspend the employee while investigation takes place.
• During the investigation, an impartial party is present to establish the facts and provide evidence.
• The concerned employee is to be invited to a disciplinary hearing, and copies of evidence gathered throughout the investigation. The employee has the right to respond to the accusation prior to the decisions are made.
• The decision is to be announced to the employee.

The employee can be accompanied by a trade union representative or a colleague during this grievance meeting. He can also appeal against a decision which is heard by a superior manager (Avado, 2020)

According to the UK Employment Act 1996 and ACAS, there are five fair reasons employers can use to dismiss employees.

• Employee capability such as Incompetency
• Other Substantial Reason

6.2 The right for employees to be accompanied during formal disciplinary and grievance hearings

All employees of an organization have the right to be accompanied by either a trade union representative or a work colleague during a disciplinary meeting as stipulated in section 1999. The duty that this trade union representative or colleague is to address the meeting when needed to, summarize key points but not to speak on behalf of the employee (Legislation.gov.uk, 2019).

Reference List

Acas.org.uk.(2020) Arbitration advice and guidance | Acas. [online] Available at: https://www.acas.org.uk/index.aspx?articleid=1711 [Accessed 28 Sep. 2020].

Acas.org.uk. TUPE. (2020). [online] Available at: https://www.acas.org.uk/media/4012/Handling-TUPE-transfers-The-Acas-guide/pdf/Handling-TUPE-Transfers-The-Acas-Guide.pdf [Accessed 28 Sep. 2020].

Americanbar.org. (2020).  Dispute Resolution Processes. [online] Available at: https://www.americanbar.org/groups/dispute_resolution/resources/DisputeResolutionProcesses/ [Accessed 28 Sep. 2020].

Campus.avadolearning.com. (2020).  AVADO Learning Platform | AVADO Learning Platform . [online] Available at: https://campus.avadolearning.com/mod/book/view.php?id=190901&chapterid=54015 [Accessed 27 Sep. 2020].

Campus.avadolearning.com. (2020).  AVADO Learning Platform | AVADO Learning Platform. [online] Available at: https://campus.avadolearning.com/mod/book/view.php?id=190901&chapterid=54017 [Accessed 27 Sep. 2020].

Campus.avadolearning.com. (2020).  AVADO Learning Platform | AVADO Learning Platform. [online] Available at: https://campus.avadolearning.com/mod/book/view.php?id=190921 [Accessed 27 Sep. 2020].

Cipd.co.uk. (2018).  A GUIDE TO TUPE TRANSFERS . [online] Available at: https://www.cipd.co.uk/Images/7697-a-guide-to-tupe-transfers-web_tcm18-44310.pdf [Accessed 28 Sep. 2020].

CIPD. (2020 ). Employment Tribunals | Factsheets | CIPD. [online] Available at: https://www.cipd.co.uk/knowledge/fundamentals/emp-law/tribunals/factsheet [Accessed 24 Sep. 2020].

CIPD. (2020).  UK Court System & Employment Law | Factsheets | CIPD. [online] Available at: https://www.cipd.co.uk/knowledge/fundamentals/emp-law/about/court-system [Accessed 24 Sep. 2020].

CIPD. (2020).  Contracts of Employment | Factsheets | CIPD. [online] Available at: https://www.cipd.co.uk/knowledge/fundamentals/emp-law/terms-conditions/contracts-factsheet [Accessed 28 Sep. 2020].

CIPD. (2020).  Redundancy | Factsheets | CIPD. [online] Available at: https://www.cipd.co.uk/knowledge/fundamentals/emp-law/redundancy/factsheet [Accessed 28 Sep. 2020].

CIPD. (2019).  Holiday Entitlement Cases | CIPD. [online] Available at: https://www.cipd.co.uk/knowledge/fundamentals/emp-law/holidays/entitlement-cases [Accessed 28 Sep. 2020].

CIPD. (2019).  Working Time Cases | CIPD. [online] Available at: https://www.cipd.co.uk/knowledge/fundamentals/emp-law/working-time/cases [Accessed 28 Sep. 2020].

CIPD. (2020). TUPE (Transfer of Undertakings) | Factsheets | CIPD. [online] Available at: https://www.cipd.co.uk/knowledge/fundamentals/emp-law/tupe/factsheet [Accessed 28 Sep. 2020].

CIPD. (2020).  Maternity, Paternity & Adoption Rights | Factsheets | CIPD. [online] Available at: https://www.cipd.co.uk/knowledge/fundamentals/emp-law/maternity-paternity-rights/factsheet [Accessed 28 Sep. 2020].

CIPD. (2020).  Health & Safety at Work | Factsheets | CIPD. [online] Available at: https://www.cipd.co.uk/knowledge/fundamentals/emp-law/health-safety/factsheet [Accessed 28 Sep. 2020].

Employment Cases Updates, Pimlico Plumbers & Anor v Smith [2017] EWCA Civ 51. [online] Available at: https://www.employmentcasesupdate.co.uk/site.aspx?i=ed35083 [Accessed 24 Sep. 2020].

Employment Law Watch. (2020).  Trade Union Bill Published | Employment Law Watch. [online] Available at: https://www.employmentlawwatch.com/2015/07/articles/employment-uk/trade-union-bill-published/ [Accessed 28 Sep. 2020].

Equalityhumanrights.com. (2020).  Article 11: Freedom of assembly and association | Equality and Human Rights Commission. [online] Available at: https://www.equalityhumanrights.com/en/human-rights-act/article-11-freedom-assembly-and-association [Accessed 28 Sep. 2020].

GOV.UK. (2020).  Employment tribunal procedure rules. [online] Available at: https://www.gov.uk/government/publications/employment-tribunal-procedure-rules [Accessed 24 Sep. 2020].

Lawshelf.com. (2019).  Advantages and Disadvantages of Mediation – LawShelf Educational Media. [online] Available at: https://lawshelf.com/courseware/entry/advantages-and-disadvantages-of-mediation [Accessed 28 Sep. 2020].

GOV.UK. (2020).  National Minimum Wage and National Living Wage rates. [online] Available at: https://www.gov.uk/national-minimum-wage-rates [Accessed 28 Sep. 2020].

Legislation.gov.uk. (2019).  Employment Rights Act 1996. [online] Available at: http://www.legislation.gov.uk/ukpga/1996/18/part/I [Accessed 26 Sep. 2020].

Legislation.gov.uk. (2019).  Employment Rights Act 1996. [online] Available at: http://www.legislation.gov.uk/ukpga/1996/18/part/I/crossheading/right-to-statements-of-employment-particulars [Accessed 26 Sep. 2020].

Legislation.gov.uk. (2019).  Employment Rights Act 1996. [online] Available at: http://www.legislation.gov.uk/ukpga/1996/18/section/139 [Accessed 26 Sep. 2020].

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5EML Employment Law

• September 2, 2021
• Posted by: admin
• Category: CIPD Level 5

In terms of 5 eml cipd unit content, six primary areas can be assessed. In addition, each of the study topics has a specific set of assessment questions and in this post we provide 5eml assignment example.

Question 1: These sections test the students’ understanding of employment regulations and the legal system.

• Describe the objectives and aims of employment laws and regulations

Students must explain at least three objectives of employment law. There should be three different subtopics or paragraphs for the explanations. Answers should be selected from the following primary objectives: justice, compliance with international regulations, fairness, employee protection, delivery of government policies, and meeting socioeconomic objectives.

• In what ways are the employment tribunal and the court system used to enforce employment law?

The student must describe how the courts enforce employment law by applying the law in their rulings. It is possible to answer this question as a flow chart that demonstrates the hierarchy of the courts, starting from the tribunal and going all the way to the supreme court. The student should explain what happens at each stage of the hierarchy.

• Examine ways of resolving disputes before and after formal legal procedures

This question serves as a test of the student’s understanding of the alternative dispute resolution process. During and after the tribunal, the student should discuss at least three dispute resolution methods. The methods include, but are not limited to, reconciliation, mediation, and arbitration.

Question 2: This section tests the student’s understanding of proper recruitment procedures.

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

The student should identify the three principles of discrimination law and provide examples for each. Students who reference the Equality Act 2010 will earn additional points. Nevertheless, several discrimination types and case laws relevant to each type are highly recommended to demonstrate an awareness of discrimination law.

Question 3: This section tests the learners’ understanding of lawful change management and reorganisation.

• Describe the main requirements of redundancy law and how contracts of employment are created

When answering this question, the learner should explain how to alter employment contracts, manage redundancies, and address transfers. The question consists of two parts that must be answered in two different paragraphs: Four primary components of employment contracts must be discussed. In creating employment contracts, students should make sure that they describe offers, acceptance, the intention to create legal regulation, and consideration. Further, it should explain the differences between implied and express terms in a contract, for instance, salary, job title, hours of work, holidays, notice periods, and pensions.

For the redundancy law section, students should refer to the Employment Rights Act 1996 and the Trade Union and Labour Relations Consolidation Act 1992. Redundancy must be conducted correctly, and the consequences of not following the right procedure must be explained.

Question 4: This section focuses on organisational change and statutory requirements.

• Discuss the statutory requirements for business transfers

Describe how Transfer of Undertakings Protection of Employment 1996 relates to this question. In the student’s explanation of successful transfer, the student should acknowledge the challenges that require legal advice from the HR profession.

• Explain the main rights of employees under employment law.

For example, employee rights may include equal pay, maternity and paternity leave, and flexible working hours. Students should illustrate each right with a relevant law to earn more points. The Working Time Regulation of 1998 and the Health and Safety Act of 1974, for instance, contains provisions regarding working hours and rest periods and night work. In addition, the student should describe the essential requirement of each law discussed above, highlighting those sections that line managers should be aware of. Finally, students should explain the penalty for breaching each employee rights stipulated by law to earn more points.

Question 5: The questions in this section are based on safety and health regulations, implied duties of employment contracts, and freedom of association. You might be asked:

• According to the health and safety laws, what are the primary requirements?

Referring to the Health and Safety at Work Act of 1974, learners should identify principles guiding both employers and employees concerning health and safety issues at work.

• Explain the significance of implied duties regarding the management of employees.

The student should explain the implied terms, i.e. trust and confidence, and the consequences of breach for the employer. In the explanation, the learner should list both employer and employee options. For example, employers may address the allegations, while employees may resign and claim constructive dismissal.

• Explain the principles of law concerning freedom of association

Article 11 of the human rights act of 1998, titled freedom of association, should be consulted in answering this question. Students should elaborate on this article highlighting employee rights under union membership.

Question 6: These questions examine the students’ understanding of the statutory grievance handling procedure and disciplinary action.

• What are the essential components of unfair dismissal law about capability and misconduct?

In response to this question, the student should explain the process of dealing with misconduct issues. Suspension, hearings, evidence, and appeals must all be part of the process. In addition to stating the reasons for the fair dismissal, the learner should also cite the Employment Rights Act 1996.

• Discuss the scope of the right to be accompanied during severe discipline and grievance hearings

Employees have the right to be accompanied to a grievance hearing. The person accompanying the employee also has a role to play at the hearing. The student must substantiate his answer with valid reasons why the employee must be accompanied during the hearing.

At the end of the assessment , learners will have a comprehensive understanding of the purpose of employment regulations and their practical application in the workplace. This will help them answer a question “why is employment law important?”

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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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CIPD Level 5

• October 20, 2022
• Posted by: Fletcher Samuel
• Category: CIPD Level 5

The Chartered Institute of Personnel and Development (CIPD) Level 5 qualification is a professional-level human resource (HR) or learning and development (L&D) qualification. It is designed for individuals who want to develop their knowledge and expertise in HR and L&D and progress to more senior roles within their organisations. The CIPD Level 5 qualification covers various topics, including talent management, employee engagement, HR strategy, and L&D design and delivery. It combines theoretical and practical learning, combining academic study with workplace application. The qualification is awarded at two levels, either as a Level 5 Diploma or a Level 5 Advanced Diploma, depending on the depth and breadth of study. The Diploma focuses on the core knowledge and skills required for effective HR and L&D, while the Advanced Diploma provides more in-depth coverage of specialised areas. Holding a CIPD Level 5 qualification is widely recognised as a benchmark of professional competence in HR and L&D and demonstrates a commitment to professional development. It is also a requirement for many senior HR and L&D roles and can be valuable for individuals seeking to progress in their careers. Overall, the CIPD Level 5 qualification is an excellent investment for anyone who wants to deepen their understanding of HR and L&D and advance their career in these fields.

Here are some examples of CIPD Level 5 units.

• 5CO02 Assignment Example
• 5HRO1 Assignment Example
• 5HR02 Assignment Example
• 5LD01 Supporting Self-Directed and Social Learning
• 5LD02 Learning and Development Design to Create Value
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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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What is meant by CIPD Assignment Examples?

CIPD is a professional organization for HR and people development professionals, and they offer a range of qualifications and certifications related to human resources management, training, and development.

CIPD assignment examples may include case studies, essays, reports, or other types of written assignments. They are designed to showcase good practice and provide guidance on how to meet the requirements of CIPD qualifications, such as the level of analysis, research, and critical evaluation required.

Students who are pursuing CIPD qualifications or certifications can refer to these examples to get a better understanding of the standards expected by CIPD and to develop their own skills in HR and people development.

How CIPD Assignment Benefits Students and Pursuant?

CIPD assignment examples can offer several benefits, including:

Understanding assignment requirements: By looking at examples of CIPD assignments, you can get a better understanding of what is expected of you in terms of content, structure, and formatting.

Learning from best practices: CIPD assignment examples can show you how to structure your arguments, cite sources, and present information clearly and effectively.

Identifying common mistakes: Examining past assignments can help you avoid common pitfalls and errors that others have made, such as failing to address the assignment criteria, using weak sources, or using inappropriate language.

Building your confidence: Seeing examples of successful assignments can help build your confidence in your own ability to complete the assignment.

Improving your grades: By following the example of successful assignments, you can improve the quality of your own work, leading to higher grades.

However, it is important to note that while referring to CIPD assignment examples can be helpful, it is essential to ensure that you do not simply copy the work of others. This can result in plagiarism, which is a serious academic offense. Instead, use the examples as a guide to help you structure your own work and develop your own ideas.

Various Level of CIPD Assignment Examples provided by Us

There are different levels of CIPD assignment examples available for reference, depending on the level of CIPD qualification or certification a student is pursuing. Here are the different levels of CIPD qualification, along with some examples of the types of assignments that students at each level might be required to complete:

Level 3 Foundation Certificate in People Practice: This is an introductory level qualification, and students at this level may be required to complete assignments such as case studies, reflective journals, or written reports on HR-related topics.

Level 5 Intermediate Diploma in People Management: This is an intermediate level qualification, and students at this level may be required to complete assignments such as research projects, essays, or business reports on HR-related topics.

Level 7 Advanced Diploma in Strategic People Management: This is an advanced level qualification, and students at this level may be required to complete assignments such as strategic analysis reports, research proposals, or dissertations on HR-related topics.

In addition to these formal qualifications, CIPD also offers short courses and continuing professional development (CPD) opportunities, which may also involve completing assignments or assessments. The types of assignments and assessments will vary depending on the specific course or program.

CIPD Assignment Examples List for Various Tasks/ Reports/ Assignments

The list for various CIPD Tasks assignments and examples are given below:

• ·  5CO01 CIPD Assignment Help Examples Online
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• ·  5CHR CIPD Assignment Help Examples Online
• ·  5ODG CIPD Assignment Help Examples Online
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• ·  5DVP CIPD Assignment Help Examples Online
• ·  5HRF CIPD Assignment Help Examples Online
• ·  3CO02 CIPD Assignment Help Examples Online
• ·  3CO03CIPD Assignment Help Examples Online
• ·  5HR01 CIPD Assignment Help Examples Online
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• Level 3 CIPD Essay Examples
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• 3RAI Assignment Examples
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• Assess globalisation and its long-term significance for work and employment CIPD 7CO01 Help
• Evaluate current developments in the media, technological and economic environments and their significance for people management CIPD 7CO01 Help
• Assess the contribution of people management aimed at improving organisational productivity, creativity and innovation CIPD 7CO01 Help
• Evaluate policy and practice aimed at improving employee wellbeing in an organisation CIPD 7CO01 Help
• Explain the major objectives of people practice and the ways achieving these may benefit employers and employees CIPD 7CO02 Help
• Examine the merits of different models of people practice management, linking them with effective business performance CIPD 7CO02 Help
• Evaluate current developments in the fields of resourcing and performance management CIPD 7CO02 Help
• Critically assess the nature of professionalism in people practice and the role of the CIPD CIPD 7CO02 Help
• Critically assess different ethical standpoints on people practice and the maintenance of high standards of ethical behaviour
• Reflect on levels of self-awareness, self-management and continuous self improvement, leading to improved organisational success and career progression CIPD 7CO03 Help
• Demonstrate curiosity and passion for deep learning CIPD 7CO03 Help
• Assess own approaches to decision making on complex issues, taking ownership to remedy mistakes CIPD 7CO03 Help
• Justify terms of reference for the business project CIPD 7CO04 Help
• Assess differences between primary and secondary data, including the value of different research methods CIPD 7CO04 Help
• Appraise the costs of different approaches to data collection and analysis for the project CIPD 7CO04 Help
• Justify conclusions derived from analysis of key findings, which align to the terms of reference CIPD 7CO04 Help
• Critically evaluate different perspectives on employment relations CIPD 7HR01 Help
• Critically evaluate the extent to which globalisation and other international influences have shaped and transformed employment relations within organisations CIPD 7HR01 Help
• Critically analyse how different forms of indirect voice could contribute to improved levels of organisational performance and employee outcomes CIPD 7HR01 Help
• Critically analyse the role of collective bargaining in determining pay and other contractual issues in organisations CIPD 7HR01 Help
• Analyse current developments impacting business environments and their significance for organisational resourcing and talent strategy and practice CIPD 7HR02 Help
• Research current developments in job analysis, job design and competency frameworks CIPD 7HR02 Help
• Evaluate long- and short-term talent planning approaches to meet organisational demand CIPD 7HR02 Help
• Discuss management strategies for attendance and underperforming staff in organisations CIPD 7HR02 Help
• Critically justify the value of reward benchmarking exercises and the main methodologies organisations use to gather data CIPD 7HR03 Help
• Evaluate different types of employee benefits and their suitability in different organisational contexts CIPD 7HR03 Help
• Evaluate pay structures and their suitability in different organisational contexts CIPD 7HR03 Help
• Examine the potential ethical issues arising from the use of contingent forms of reward CIPD 7HR03 Help
• Examine the rationale for organisational design and development CIPD 7LD01 Help
• Critically evaluate the range of different organisational forms CIPD 7LD01 Help
• Investigate different approaches to organisational development CIPD 7LD01 Help
• Examine strategies for building employee engagement Strategies for employee voice and involvement CIPD 7LD01 Help
• Discuss the major sources of employment law and its evolution, including the major employment rights CIPD 7OS01 Help
• Assess the protected characteristics covered by the Equality Act 2010 and its operation CIPD 7OS01 Help
• Analyse the principles that underpin the law on different types of employment contracts, including their practical significance for organisations CIPD 7OS01 Help
• Explain the law on health and safety at work and personal injury CIPD 7OS01 Help
• Evaluate the influence of the internal environment on learning and development CIPD 7OS02 Help
• Evaluate a variety of methods through which learning professionals may assess learning needs CIPD 7OS02 Help
• Examine how organisations may develop learning cultures CIPD 7OS02 Help
• Discuss the methods through which technology may facilitate collaborative approaches to learning CIPD 7OS02 Help
• Explore future trends impacting the role of technology within learning CIPD 7OS03 Help
• Analyse how technological systems support learning within a variety of organisational contexts CIPD 7OS03 Help
• Examine the implementation of learning technology, including the key stages within the process CIPD 7OS03 Help
• Evaluate the role of learning metrics in uncovering and resolving development gaps CIPD 7OS03 Help
• Critically evaluate the concepts of diversity and inclusion at work CIPD 7OS04 Help
• Examine a range of economic theories and data sources in relation to patterns of segregation and inequality within the UK labour market CIPD 7OS04 Help
• Analyse the moral arguments for managing diversity and fostering a culture of inclusiveness CIPD 7OS04 Help
• Discuss the extent to which opportunities to share and celebrate cultural traditions/difference help to promote an environment in which diversity and inclusion are valued CIPD 7OS04 Help
• Analyse the different ways in which organisations operate and trade overseas CIPD 7OS05 Help
• Compare the established political and legal systems in major global economies CIPD 7OS05 Help
• Justify the case for diversity and inclusion in international contexts CIPD 7OS05 Help
• Critically discuss the major challenges facing people practice managers in international organisations CIPD 7OS05 Help
• Examine the responsibilities of organisations to engage with workplace wellbeing CIPD 7OS06 Help
• Critically evaluate how a lack of support for employee wellbeing may impact on organisational and employee outcomes at work CIPD 7OS06 Help
• Evaluate the tools and assessments used in workplace health and wellbeing to provide an evidence-based approach CIPD 7OS06 Help
• Discuss the problems inherent in individualising wellbeing initiatives CIPD 7OS06 Help

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What is cipd.

CIPD is the professional body for Human Resources and people development. It’s for people who looking to transition into Human resources or advance the career in HR.  CIPD professional body has over 150,000 members around the world. CIPD is a recognized professional certificate in different parts of the world. 

Having the title CIPD in your resume makes you very competitive in the job market.  The good thing about CIPD is that you can join even if you don’t have any experience in Human resource management.

7 Stages Where You Can Join the CIPD Program

• CIPD Student Member – Joining as a student member gives you access to materials that help you with your studies. 
• Foundation Member – This is when you start from the very bottom because you don’t have any experience, and you have never worked in Human resources. At this level, you are exposed to the foundation knowledge and skill you need to have to be an HR professional. 
• CIPD Associate Member – This is for people who are approaching mid-level HR professionals. This level is for people who already have foundation knowledge, and have worked in the lower level, for example, HR assistants, HR coordinators, and HR administrators. A CIPD associate member is ideal for someone who has had some entry-level experience for 2-3 years.
• CIPD Chartered Membership – This is a more seasoned HR profession. You need to have upwards of 5 years of experience working in HR. 
• CIPD Chartered Fellow – This is for professionals whose experience and skills are top-notch.
• Academic Member Great – This is for people teaching and lecturing in the area of human resources, and learning and development. This is a good level for people looking to start teaching Human resources.
• Affiliate Member – This is for members who do lots of research and study on Human Resources. 

CIPD ASSIGNMENT EXAMPLES

Cipd level 3 assignments examples.

• CIPD 3CO01 Business, culture, and cha nge in context
• CIPD 3CO02 Principles of analytics
• CIPD 3CO03 Core behaviors for people professionals
• CIPD 3CO04 Essentials of people practice

CIPD Level 5 Assignments Examples

• CIPD 5CO01 Organizational performance and culture in practice
• CIPD 5CO02 Evidence-based practice
• CIPD 5CO03 Professional behaviors and valuing people
• CIPD 5HR01 Employment relationship management
• CIPD 5HR02 Talent management and workforce planning
• CIPD 5HR03 The reward for performance and contribution
• CIPD 5LD01: Supporting Self-Directed and Social Learning
• CIPD 5LD02 Learning and Development Design  
• CIPD 5LD03 Facilitate personalized and performance-focused learning
• CIPD 5OS01 Specialist employment law
• CIPD 5OS02 advances in digital learning and development
• CIPD 5OSO3 Learning and Development Essentials
• CIPD 5OSO4 People management in an international context
• CIPD ‎5OS05 Diversity and inclusion
• CIPD 5OS06 Leadership and management development
• CIPD 5OS07 Well being at Work | CIPD Level 5 Assignment Help

CIPD Level 7 Assignments Examples

• CIPD 7OS03 Learning and Development Essentials
• CIPD 7OSO4 People management in an international context
• CIPD ‎7OS05 Diversity and inclusion
• CIPD 7OS06 Leadership and management development
• CIPD 7OS07 Well being at Work | CIPD Level 5 Assignment Help
• CIPD 7CO01  Work and working lives in a changing business environment
• CIPD 7CO02 People management and development strategies for performance
• CIPD 7CO03 Personal effectiveness, ethics, and business acumen
• CIPD 7CO04 Business Research In People Practice
• CIPD 7HR01 Strategic employment relations
• CIPD 7HR02 Resourcing and talent management to sustain success
• CIPD 7HR03 Strategic reward management
• CIPD 7LD01 Organizational design and development
• CIPD 7OS01 Advanced employment law in practice
• CIPD 7LMD Leadership and Management Development
• CIPD 7OS03 Technology-enhanced learning
• CIPD 7OS04 Advanced diversity and inclusion
• CIPD 5OS04 Managing people in an international context
• CIPD 7OS06 Well Being at Work | CIPD Level 7 Examples

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CIPD Examples

Cipd examples and samples.

CIPD assignments always looking for best of the students and that’s why students are always looking for CIPD examples. It is because of this reason, we are providing lot of examples here for different levels as given below:

CIPD Examples for Different Levels

Examples for all Level Given Below

Level Three CIPD Examples and Samples

3CJA Assignment Examples and Samples

3DEL Assignment Examples and Samples

3DES Assignment Examples and Samples

3ELD Assignment Examples and Samples

3HRC Assignment Examples and Samples

3LCM Assignment Examples and Samples

3LDN Assignment Examples and Samples

3MER Assignment Examples and Samples

3PRM Assignment Examples and Samples

3RAI Assignment Examples and Samples

3RTO Assignment Examples and Samples

3SCO Assignment Examples and Samples

4DEP Assignment Examples and Samples

3CO04 Assignment Examples and Samples

Level Five Examples and Samples

5CHR Assignment Examples and Samples

5DER Assignment Examples and Samples

5DVP Assignment Examples and Samples

5EML Assignment Examples and Samples

5ENG Assignment Examples and Samples

5HR03 Assignment Examples and Samples

5HRF Assignment Examples and Samples

5IVP Assignment Examples and Samples

5ODG Assignment Examples and Samples

5ODT Assignment Examples and Samples

5RMT Assignment Examples and Samples

5RST Assignment Examples and Samples

5SDL Assignment Examples and Samples

5UFS Assignment Examples and Samples

5UIN Assignment Examples and Samples

5HR02 Assignment Examples and Samples

5CO01 Assignment Examples and Samples

Level 7 Assignment Examples and Samples

7IBI Assignment Examples and Samples

7ICM Assignment Examples and Samples

7LMD Assignment Examples and Samples

7LMP Assignment Examples and Samples

7MER Assignment Examples and Samples

7ODD Assignment Examples and Samples

7PFM Assignment Examples and Samples

7RTM Assignment Examples and Samples

7RWM Assignment Examples and Samples

7SBL Assignment Examples and Samples

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