Certificate in Human Resource Management Employment Law Introduction

Aims and Objectives Introduction to the module and its Learning Outcomes Introduction to the topic of Employment Law

Employment Law Understand the purpose of employment regulation and the way it is enforced in practice. Know how to manage recruitment and selection activities lawfully. Know how to manage change and reorganisation lawfully. Know how to manage issues relating to pay and working time lawfully. Be able to ensure that staff are treated lawfully when they are at work. Know how to manage performance and disciplinary matters lawfully.

In pairs, produce a definition for ‘Employment Law’ – what do you think it means? List a couple of pieces of legislation that you have come across in your job role

Objectives of Employment Law Social justice Fairness Safety

Principle Areas Industrial Safety Law Individual Employment Law Law relating to Employment Relations Can you give me some examples under each heading?

Sources of Law Common Law Statute Law – primary legislation Statutory Instruments – secondary legislation 10 minute activity – definition and brief explanation of each of the above

Statutory Agencies Acas Health and Safety Commission Equality and Human Rights Commission Low Pay Commission Information Commissioner Criminal Records Bureau Independent Safeguarding Authority Central Arbitration Committee

The role of Employment Tribunals

They hear claims about matters such as Independent judicial body established to resolve disputes between employers and employees They hear claims about matters such as Unfair dismissal Discrimination Wages Redundancy payment

Pre Claim Conciliation Change in the Law from April 2014 All claims must be lodged with ACAS in the first instance by the Claimant (This is no longer voluntary) Independent, impartial Conciliation Officer will attempt to promote a settlement between the parties If settlement cannot be reached within a month, or if the conciliator decides it is not possible the Claimant is issued with a certifcate

Pre Claim Conciliation cont.. If a certificate is issued the claim then proceeds as normal A submission of the initial conciliation form to ACAS will stop the clock on the relevant time limit ie. 3 Months less one day. Time will only start to run again once the certificate has been issued by ACAS

Making a Claim You usually have to make a claim to the tribunal within 3 months of your employment ending or the problem happening. The tribunal is independent of government and will listen to you (the ‘claimant’) and the person you’re making a claim against (the ‘respondent’) before making a decision.

Appeal a Judgement A Party can only appeal to the Employment Appeal Tribunal on a point of law Grounds of appeal include That the Tribunal has made a mistake in the application of the law That the judgement was one which no reasonable tribunal could have reached. Appeal must be submitted within 42 days from the date on which the judgement was sent to the Party If no response from the EAT within 7 days contact must be made by telephone

Remedy In the event that the Claimant is successful they will be entitled to compensation. Basic award based on age, length of service gross week’s pay max £450 Compensation – Prescribed element - loss of pay to date of tribunal, net pay less contributory fault – Uplift rules may apply on unfair dismissal Reinstatement / Re-engagement / Compensation http://www.businesslink.gov.uk/bdotg/action/detail?ite mId=1083960984&type=RESOURCES http://www.desktoplawyer.co.uk/dtl/index.cfm?event= base:article&node=A76018B75861D32702

Case Study Case study – read and consider if Mr Mainwaring has a claim to a tribunal