1. Certificate in Human Resource Management Employment Law
Introduction

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

3. 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.

4. 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

5. Objectives of Employment Law
Social justice
Fairness
Safety

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

7. 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

8. 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

9. The role of Employment Tribunals

10. 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

11. 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

12. 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

13. 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.

14. 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

15. 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
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16. Case Study
Case study – read and consider if Mr Mainwaring has a claim to a tribunal