Certificate in Human Resource Management Employment Law Introduction

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 1. Common Law 2. Statute Law – primary legislation 3. 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

• 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 1. That the Tribunal has made a mistake in the application of the law 2. 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 m. Id=1083960984&type=RESOURCES • http: //www. desktoplawyer. co. uk/dtl/index. cfm? event= base: article&node=A 76018 B 75861 D 32702

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