7OS01 Advanced Employment Law in Practice CIPD Level 7 Optional Module 1 Assignment Example 

Advanced employment law in practice can be a confusing field. The laws are constantly changing, and it’s up to you as an employer or employee depending on their situation how things get handled when there is a conflict with another person or company who has been overworking us without compensation from our side of the deal.

The UAE is a country with its own unique set of employment laws, and these courses will help you understand it. You’ll examine common issues in organizations that arise from an understanding of how to prepare for or settle claims before going through arbitration- which can be costly if unsuccessful! In addition, this class covers legal system basics such as sources & evolution of contemporary regulatory models within the United Arab Emirates

This optional unit focuses primarily upon two focal points: employer defenses/claimant remedies–which affect both sides equally; but also examines other aspects relating specifically towards either side when taking part actively during litigation proceedings (i .e advocate).

 

 

CIPD Level 7 Optional Module 1 Assignment Task 1: Develop an understanding of employment law and the legal framework for employment regulation

The legal framework is the foundation of employment relationships. The legal framework lays down the institution of a trade union, labor law regime, and the body representing the working class, which are employer-employee-unions restricted by “state monopoly” or domain. It carries out labor laws that regulate relations between employers and employees, mainly concerned with an employment contract, labor protection & dispute settlement procedure & system. The main tasks for the legal regime are to provide job security for employees; guarantee equality among individuals; maintain continuous social investment; encourage economic competitiveness, and promote social progress.

The obligations and principles under EU employment law that apply to businesses will also apply to business with third countries; the only difference is the necessity of complying with additional legislation for those third countries. The GDPR contains references on all aspects of data protection, which includes personal identifiers like names and social security numbers as well as IP addresses and browsing behavior. Negotiating contracts and agreements can be the first step in the process, but employers should also review their own internal policies to check compliance. This can be done by drafting policies that reflect organizational mandates, creating procedures that follow an HR best practice code of ethics such as offering training sessions or reviewing policy violations.

CIPD Level 7 Optional Module 1 Assignment Task 2: Explain the major sources of employment law and its evolution, the role and function of the courts and other employment law institutions, and the principles of law in the fields of precedent, vicarious liability, and continuity of employment

Employment law institutions and the principles of law in the fields of precedent

Employment law is a legal branch that deals with preventing or intervening when an employer violates its employees’ rights during the course of employment. In order to combat employee exploitation, many governments have passed minimum wage laws as well as employment regulations to protect workers from harsh working conditions. Regulations vary depending on the jurisdiction but usually range from health and safety conditions, notice periods for dismissal or resignation, parental leave following childbirth, paid overtime rates, and public holiday entitlements.

The first formal work-related lawsuit was a lawsuit against a factory owner who beat a worker’s toddler for being too near his water tower, though it is unclear whether charges were brought.

One of the key employee’s rights is health and safety at work, so it’s sensible that the first part of employment law came about because workers needed to be protected. These first laws were called “Workmen’s Compensation Act” policies. Workers who got hurt on the job received compensation for medical treatments and lost wages, which largely eliminated complaints filed by injured workers against their employers. The price that was paid for this system was that it made minor workplace injuries common again because if you don’t lose time at work then there is no injury documented. After World War 1, people became increasingly concerned with issues like profit sharing and relationships between worker unions and employer associations. 

CIPD Level 7 Optional Module 1 Assignment Task 3: Cover the Equality Act and its application including interpretation of the protected characteristics aimed at protecting workers from unlawful acts of discrimination

Employment law institutions and the principles of law in the fields of precedent

Employment law is a legal branch that deals with preventing or intervening when an employer violates its employees’ rights during the course of employment. In order to combat employee exploitation, many governments have passed minimum wage laws as well as employment regulations to protect workers from harsh working conditions. Regulations vary depending on the jurisdiction but usually range from health and safety conditions, notice periods for dismissal or resignation, parental leave following childbirth, paid overtime rates, and public holiday entitlements.

Although the Equality Act does not cover protected areas such as gender identity, there are a range of other protections in place. The protected characteristics covered by the Equality Act aim to protect workers from grounds for an unlawful act which include religion or belief, age, disability, race, and sexual orientation.

The term “act” includes a word or expression indicating an intention to discriminate against another person who has one of these characteristics by making a distinction in relation to one or more of these grounds so as to affect comparability with another person. One must also be aware that discrimination does not always need to be intentional; discrimination can happen unintentionally like when someone doesn’t know better (i.e., deliberate ignorance).

 

 

CIPD Level 7 Optional Module 1 Assignment Task 4: Analyze contracts of employment and debate the principles of wrongful, constructive, and unfair dismissal

The contract of employment is the agreement between the employer and the employee that establishes the relationship, includes what the employee is paid for doing, describe other parts of that relationship, and states how it can be terminated. Generally, an employer needs to have a legal reason to fire an employee because there are restrictions on terminating someone’s employment. And while abuse or serious misconduct warrants termination without notice, other reasons may constitute wrongful dismissal. It really depends on where you live in terms of what constitutes wrongful dismissal or not. And constructive dismissal has to do with when an employer essentially forces an employee to quit – so by making working conditions so bad they feel like they don’t have any choice but to quit even if they didn’t want it.

In the event that an employee elects to end their employment with a company, there are two ways in which this can happen. In one case, the company might give notice to the individual and terminate their employment contract, while in another case, the individual might give notice to the employer and terminate their employment contract. The law does not dictate how much notice is required before either termination can take place nor does it lay down rules for what should happen when employers and employees agree on a date of termination.

CIPD Level 7 Optional Module 1 Assignment Task 5: Explore the law in relation to health and safety at work and personal injury, regulation on hours and wages, maternity and parental employment rights, and the regulations relating to confidentiality at work

The topic of health and safety in relation to the work environment is a huge area. For example, Hazards such as asbestos, dangerous strains of bacteria, and even electricity can all be present in an office. With such many avenues for accidents to occur it’s worth noting that laws mean that people with certain illnesses or diseases who don’t pose a risk to others cannot be suitably employed by law. A guide on the European Union website: Council Directive on “Employment protection of pregnant workers and workers who have recently given birth” lays out the rights for pregnancy and maternity leave which employers should adhere to.

The primary law regulating the employment relationship is the Employment Rights Act 1996. The key areas of this Act, as it applies to health and safety at work and personal injury, are maternity and parental rights (with an exception for small employers), hours of work, paid annual leave entitlements.

 

 

Accidents at Work legislation sets out protections for people who have an accident that led to their death or made them ill by reason of what they were doing during their employment. Employers can be penalized if they have not taken any reasonable steps to prevent the accident from happening in the first place – so this would cover more general workplace hazards but not occupational illnesses derived from chemical exposure or physical accidents that happen on a specific job site related themselves.

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