Employment Law
This is 4th time this paper is being rewritten – it needs 6 points amended as highlighted in the assessor’s feedback. have attached the original brief, the assessors feedback and the paper to be rewritten.
only focus on the points that were scored as a N on the feedback form and follow the comments from the assessor:
– LO2 Know how to manage recruitment and selection activities lawfully – this was scored as N so review.
-LO4 Know how to manage issues relating to pay and working time lawfully – in this section, the assessor said “You have explained the National Minimum/ Living wage and included rates from 2020. Current rates ideally should have been included” – include in the first section.
“You also need to explain recent changes to how holiday pay is calculated following recent case law and also how to calculate the working hours for employees that have no fixed place of work (field based).review :
…and
and summarise these changes.” – include in the last section.
-AC4.2 Explain the major requirements of equal pay law –
“Your explanation is too brief. To meet this learning outcome, having identified the Equality Act 2010 which governs Equal Pay, you need to summarise what is meant by ‘equal’.
Chapter 3 of the Equality Act (2010) defines what equal pay is and this is explained further in the CIPD Fact Sheet on Equal Pay – elaborate on that.
– To achieve a pass you should refer to leading case law to demonstrate how a judge assesses inequality of pay as this will show your breadth of understanding.
The case you have included does not contain enough detail so suggest you refer to the Asda Stores Ltd v Brierley which is a very recent case relating to an equal pay claim.
To meet this learning outcome in full it is necessary to explain the background of the Gender Pay Gap reporting requirement. You are not accurate when you say the gender gap can be described as inequality in payment. Gender pay gap reporting should not be confused with equal pay. – address.
AC5.1 Identify the major requirements of health and safety law:
In Q2 You provide an example of a physical PI claim and this could have been supported with reference to a good case law examples but your second example relates only to discrimination. find another example where somebody has suffered a personal Injury caused by discrimination (such as psychiatric harm).
The assessment briefing video explains this well and guides you to a leading case (Michalak v Mid Yorkshire Hospitals NHS Trust [EWQB 2007], there is a summary of this case on the EML tab of community – add an example.
6.1 Explain the main requirements of unfair dismissal law in respect of capability and misconduct issues:
To achieve a pass it is essential that you cite the Employment Rights Act 1996 s.98 which underpins the right not to be unfairly dismissed and the Acas Code of Practice which sets out best practice when managing discipline (and grievance).
To achieve a pass you should include the case British Home Stores v Burchell [EAT 1978] which is a leading case that created the concept of conducting a full and fair investigation still relevant today and has become known as ‘The Burchell Test’. This case is emphasised in the e-lessons.
focus on all the points made by the assesor.
