5OS01 Specialist employment law

Case Study

Acenez Research Labs (ARL) is an innovative scientific organisation. Its goal is to research digital health solutions and transform medicine development in the future. It is a small UK company based in Cambridge and until recently employed 30 staff. It was set up by two biologists around five years ago, and they manage the operations of the company in addition to carrying out their own research.

Due to the global pandemic, ARL have received funding from a number of organisations to develop its research, which has resulted in the recruitment of over 60 new staff, including 15 managers. The recruited managers are excellent biologists but have limited management experience dealing with HR-related matters.

Up until recently, the organisation has not had a HR department, with most HR tasks carried out by one of the Senior Directors. However, a number of grievances and employment cases have been raised and must be addressed.

You have been appointed as an external consultant for ARL. You will provide employment legislation advice to the Directors of HR and help them reduce the number of complaints and grievances. The Director has given you examples of the current problems within ARL and has asked for your advice. The plan is to develop a manager’s toolkit, to be used for training purposes in the future.

Scenario One: ARL value fairness during the recruitment and selection process. However, the HR department has recently received a complaint from a prospective member of staff. This person was verbally offered a job after their interview, but they had the offer withdrawn following a discussion with their referee about their ability to cope with the job.

Scenario Two: ARL provide fixed salary scales for biologists and they all start on the salary of £25,000 per annum. Most of the 60 new recruits were male, with only one female being recruited. However, during informal discussions in the staff room, the female biologist revealed that her starting salary was £30,000, resulting in a number of complaints.

Scenario Three:  ARL contracts of employment have always outlined the hours/days to be worked, rates of pay and place of work. However, due to the size of the new contracts and the expansion, ARL have been looking to review the contracts in terms of hours worked. ARL have suggested that the contract be changed from 0900-1700, Monday-Friday, to 08:00-20:00, Monday-Sunday. It has just sent an email to all staff, informing them the change will be implemented from the first of next month. However, ARL have also been approached by an international pharmaceutical company who may be interested in taking them over the in the future. Staff are concerned about their rights in relation to transfer of undertakings.

Scenario Four: It is quite common for the biologists to become very involved in their research, resulting in them working long hours and failing to take the required rest breaks. A number of employees have placed flexible working requests, but these have all been declined due to a lack of understanding from the Senior Director.

Scenario Five: Following the extensive expansion of ARL, a restructure has taken place. The marketing team used to be made up of four individuals, including their manager. This marketing manager took maternity leave and during this time the other three individuals absorbed her workload. ARL labs made the marketing manager job role redundant during the maternity leave and re-employed her in a different department. The marketing manager complained that the redundancy was in relation to taking maternity leave and not due to the job role.

 Preparation for tasks:

• At the start of the assignment, you are encouraged to plan your assessment work with your assessor and, where appropriate, agree milestones so that they can help you monitor your progress
• Refer to the indicative content in the unit guide and support your evidence
• Pay attention to how your evidence is presented. Remember, you are working in the People Development Team for this task
• Ensure that the evidence generated for this assessment remains your own work

You will also benefit from:

• Acting on formative feedback from your assessor
• Reflecting on your own experiences of learning opportunities, training and continuing professional development
• Taking advantage of the CIPD factsheets, reports and podcasts, and any other online material on these topics

Task 1:  Manager’s briefing paper

The HR manager has asked you to produce a manager’s briefing of no more than one page, to be emailed to them at the end of the month. It should provide updated guidance on the purpose of employment regulation and why it is enforced in practice. Your briefing paper should be professionally produced, including appropriate images to support your discussion.

The briefing paper must include:

• An evaluation of both the aims and at least three objectives of employment regulation (AC1.1)
• An examination of the role played by the tribunal and courts system in enforcing employment law covering the hierarchy of the court system in the UK (AC1.2)
• An explanation of how employment cases are settled in terms of the role of ACAS and use of COT3 (GB) and the early conciliation process (part of AC1.3) before the start of proceedings
• An explanation of how cases are setting during formal legal proceedings in terms of settlement agreements (part of AC1.3).

 

Your evidence must consist of:

Briefing Paper including appropriate images of approximately 1000 words.

 

Task 2:  Manager’s toolkit

Using the scenarios you have been provided with, produce a number of professionally presented pages to be part of the manager’s toolkit available on the HR portal. The document should include a front cover and contents page.

Page one should cover scenario one and advice for managers:

• Evaluating the principles of discrimination law in recruitment, selection, and employment (AC2.1)

Page two should cover scenario two and advice for managers:

• The legal requirements in relation to defencing equal pay claims and conducting equal pay reviews (AC2.2)
• Explaining the major statutory rights workers have in relation to pay (AC4.1)

Page three should cover scenario three and advice for managers:

• Discussing the legal implications of managing the change in relation to the working hours (AC3.1)
• Explaining the legal requirements relating to the transfer of undertakings (AC3.2)

Page four should cover scenario four and advice for managers:

• Explaining the major statutory rights in leave and working time (AC4.2)
• Explain other employment rights relating to flexible working (AC4.4)

Page five should cover scenario five and advice for managers:

• Explain the main principles of maternity, paternity, and adoption rights in the context of employment rights (AC4.3)

 

SOLUTION

5OS01 ASSIGNMENT ANSWERS

Task 1:  Manager’s briefing paper

 

An evaluation of both the aims and at least three objectives of employment regulation (AC1.1)

The primary objective of employment regulation is to protect employees from unfair treatment by their employers (Cole, 2023). This is important because, in the workplace, there is usually an inherent power imbalance between employees and employers. If unchecked, any existing power imbalance can lead to employers taking advantage of their employees; creating a hostile and unfair work environment.

1. Eliminating power imbalance

Employment regulations aim to address the inherent power imbalance that exists between employers and employees. It does this by providing a comprehensive framework that aims to shield and protect employees from unfair treatment, exploitation, and discrimination at work (Lawman, 2022). For instance, in scenario one there are elements of discrimination where the female biologists receive more salary that the rest of her colleagues working in similar positions.

1. Fairness

Employment regulations aim to promote fairness in the workplace by creating a framework that sets out the minimum standards for employees’ working conditions, such as minimum wage, maximum working hours, and health and safety regulations. Further, it also aims to prohibit unfair practices, such as discrimination, harassment, and victimisation (Cole, 2023). For instance, in scenario one, there is a complaint launched where an individual was verbally offered a job, but later had the offer withdrawn following a discussion with their referee about their ability to cope with the job.

1. Safeguarding employee rights

Employment regulations play a vital role in safeguarding various employee rights, such as the right to fair wages, rest breaks, annual leave, and protection against unfair dismissal. These laws also provide avenues for employees to seek redress in case their rights are violated (Taylor, 2021). For example, under scenario three, the suggestion to change working hours from 0900-1700, Monday-Friday, to 08:00-20:00, Monday-Sunday goes against the Working time regulations in the UK, which stipulates that employee cannot work more than 48 hours a week on average (GOV.UK, 2015).

An examination of the role played by the tribunal and courts system in enforcing employment law covering the hierarchy of the court system in the UK (AC1.2)

The tribunal and court systems are the primary means of enforcing employment law in the UK. For instance, if an employee believes that they have been treated unfairly by their employer, they can claim an employment tribunal. The tribunal will then consider the evidence and decide whether the employee has been treated unfairly (Taylor, 2021). In case the evidence presented points to the fact that an employee has been treated unfairly, it can make several different directives, including ordering employers to pay compensation to the employee; directing employers to reinstate employees to their previous jobs; or, directing employers to take steps to prevent the unfair treatment of its employees in the future (Taylor, 2021).

Court and tribunal systems

Employment Tribunal: It is the first destination for most employment law disputes. It is made up of an independent judicial body that handles cases related to employment matters.

Employment Appeal Tribunal (EAT): The Employment Appeal Tribunal deals with appeals from decisions made by the Employment Tribunal.

County Court and High Court: Used to handle certain employment law cases, such as breach of contract claims, depending on the complexity and monetary value of the claim.

Court of Appeal: The Court of Appeal focuses on reviewing the law applied in previous decisions and ensuring consistency in its interpretation.

Supreme Court: It is the highest court in the UK and has the final say on legal matters. It handles complex cases or those that hold great public importance.

The decisions reached by employment tribunals are binding on both parties. Both tribunals and courts act as intermediaries that can be used to resolve employment disputes (Taylor, 2021). The following is a brief outline of the process:

1. Mediation

Mediation involves using a neutral third party who assists in facilitating a resolution between the conflicting parties. The process of mediation aims to find a mutually agreeable settlement without the need for attending any sort of formal hearing..

1. Hearings

In case mediation fails or is deemed inappropriate for the conflict at hand, the case proceeds to a formal hearing before an employment tribunal or court. During the hearing, both parties present their arguments and evidence., and witnesses may be called upon (Taylor, 2021). The tribunal or court listens to the evidence and makes a decision based on the merits of the case.

1. Decisions and Remedies

When the tribunal or court reaches a decision, it is binding for all the parties involved. The tribunal decisions may vary, including ordering employers to compensate employees financially, reinstatement of employment, or injunctive relief (Taylor, 2021). The type and number of remedies depend on the circumstances surrounding each case.

1. Appeals

There may be instances where either party may choose to appeal the decision of the tribunal or court especially if they feel the decisions reached were not satisfactory. In such a case the appeal process is handled by a higher court which is tasked with reviewing the case to determine if any errors were made in the original decision. If successful, the higher court may amend or overturn the original decision that was issued by the tribunal or court system (Taylor, 2021).

An explanation of how cases are setting during formal legal proceedings in terms of settlement agreements (AC 1.3).

Employment disputes can be settled before or during formal legal procedures. In the UK, the employment law provides various methods of settling cases, including:

1. Internal Mediation:

Organisations may employ a mediator or have an in-house mediation service to facilitate a resolution between the parties involved in any form of an employment dispute. Internal mediation confers several benefits since it provides a confidential and informal process that allows all parties to reach settlements that are satisfactory for both parties with minimal resources.

1. Workplace Relations Commission (WRC) Mediation Service

In the UK, the Advisory, Conciliation, and Arbitration Service (ACAS) can provide mediation services for employment disputes in the workplace (ACAS, 2023). The service, known as the WRC Mediation Service, assists in resolving disputes through various means including mediation, promoting open communication, and finding mutually agreeable solutions (ACAS, 2023).

1. Settlement Agreements

UK employment laws allow for the use of settlement agreements, which are legally binding contracts entered into voluntarily by the disputing parties. These agreements typically outline the terms under which an employee agrees to settle a claim against their employer (Battle, 2022). Settlement agreements can be used or reached at any point during the legal process and often entail financial compensation in exchange for the employee waiving their right to pursue legal action.

When an organisation considers using settlement agreements, they should put the following into consideration: Settlement agreements should be voluntary and can only be entered into with the free and informed consent of both parties. They should have confidentiality clauses, thus preventing both parties from disclosing the details of the agreement or the underlying dispute to third parties. To ensure fairness and protection for the employee, it is a legal requirement for disputing parties to seek independent legal advice before signing a settlement agreement (ACAS, 2023).

 

Table of Contents

Task 2:  Manager’s toolkit 7

Scenario 1. 7

Evaluating the principles of discrimination law in recruitment, selection, and employment (AC 2.1) 7

Scenario 2. 10

The legal requirements in relation to defencing equal pay claims and conducting equal pay reviews (AC2.2) 10

Explaining the major statutory rights workers have in relation to pay (AC4.1) 11

Scenario 3. 13

Discussing the legal implications of managing the change in relation to the working hours (AC3.1) 13

Explain the legal requirements relating to transfers of undertakings (AC 3.2) 14

Scenario 4. 16

Explain the major statutory rights in leave and working time (AC 4.2) 16

Explain other employment rights relating to flexible working (AC 4.4) 17

Scenario 5. 19

Explain the main principles of maternity, paternity, and adoption rights in the context of employment rights (AC 4.3) 19

Task 2:  Manager’s toolkit

Scenario 1

Evaluating the principles of discrimination law in recruitment, selection, and employment (AC 2.1)

Discrimination refers to treating individuals less favourably based on protected characteristics (Morris, 2021). The nine protected characteristics under UK law are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination can take different forms such as direct discrimination, indirect discrimination, harassment, and victimisation (Morris, 2021).

Direct discrimination takes place when an individual is treated less favourably than another person because they possess certain protected characteristics (Morris, 2021). For example, age discrimination can count as direct discrimination when an employer denies another individual employment opportunities because they deem them to be too old.

Indirect discrimination occurs when a policy or practice that applies to everyone has a disproportionately negative impact on people who possess certain protected characteristics (Morris, 2021). For example, an employment requirement that mandates that all its employees must be able to lift 100 pounds would indirectly discriminate against individuals with disabilities.

Harassment can be described as any form of unwanted conduct that is linked to a protected characteristic and functions to create an intimidating, hostile, degrading, humiliating, or offensive work environment. For example, making sexist jokes in the workplace could be considered harassment.

Victimisation takes place when an individual is treated less favourably because they have made or supported a complaint about different types of discrimination (Morris, 2021). For example, demoting a female employee because they complained about being paid less than her male colleagues is a form of victimisation.

To reduce or eliminate discrimination during recruitment and selection, organisations need to be wary of the language they use in job advertisements; check for bias in selection, and eliminate any inappropriate interview questions. Job advertisements should not contain any discriminatory language or requirements that directly or indirectly exclude certain groups. Bias in the selection process can occur unintentionally but still be discriminatory (Morris, 2021). Thus, organisations must ensure that their decision-making is objective and based on merit, skills, and qualifications rather than personal biases. Interview questions used must be relevant and focused on the applicant’s ability to perform the job.

Mitigating Discrimination in Recruitment and Selection:

To mitigate the risk of discrimination in recruitment and selection, the organisation can use several strategies such as

1. Using competency-based interviewing techniques – Interviews should be structured around the required competencies and skills required to perform certain tasks efficiently. Such an approach ensures that potential candidates are assessed based on their professional abilities rather than personal qualities.
2. Train interviewers – By regularly providing training to interviewers an organisation significantly helps to raise awareness and identify any form of unconscious bias that exists. Thus, it ensures there is a fair and non-discriminatory assessment of candidates (Morris, 2021).
3. Utilising diverse interview panels: This can provide different perspectives and reduce the risk of unconscious bias. Further, using a diverse panel can contribute to a fair and unbiased decision-making process (Morris, 2021).

Scenario 2

The legal requirements in relation to defencing equal pay claims and conducting equal pay reviews (AC2.2)

Under equal pay, men and women in the same employment, or employment of equal value, must receive equal pay and benefits. It applies to both basic pay and contractual terms and conditions. The primary objective of equal pay legislation in the UK is to ensure that men and women receive equal pay for equal work (Spruce, 2015). The key aspects of the equal pay law include:

1. Like Work: Equal pay claims can arise when employees are performing work that is the same or broadly similar to their colleagues of the opposite gender. It is important to assess whether the roles involve similar skills, effort, and levels of responsibility (Spruce, 2015).
2. Gender Pay Gap Reporting: Under UK employment law, organizations with 250 or more employees are required to provide annual reports on their gender pay gaps. The purpose of this report is to provide transparency on any differences in pay between male and female employees and to address gender inequalities in the workplace (Spruce, 2015).

To meet legal requirements and promote equal pay, organisations need to:

1. Carry out regular pay audits – this practice can help identify and address any existing gender pay gaps. Conducting pay audits ensures that remuneration is fair and non-discriminatory (Spruce, 2015).
2. Reviewing existing job evaluation processes: putting into effect a comprehensive job evaluation process can help assess the value of different roles within the organization objectively (Spruce, 2015). As a result, the organisation can use this information to design efficient work requirements and responsibilities.
3. Promoting transparency and accountability: Encouraging open dialogue about pay and ensuring transparency in pay policies can help prevent pay disparities. Organizations should establish clear guidelines for pay decisions and communicate them effectively to employees (Spruce, 2015).

Explaining the major statutory rights workers have in relation to pay (AC4.1)

The UK employment laws outline various provisions related to the payment of wages. Employers should be familiar with these laws to ensure compliance. Key aspects include:

1. Minimum Pay

The employer is obligated to remunerate their workforce with the national minimum wage or national living wage, contingent on the employee’s age. Different compensation scales apply to employees who are below 18 years of age, between 18 and 20 years of age, and those who have surpassed the age of 21 (Suff, 2022b).

1. Working Hours

The regulations on working hours establish a cap on the maximum number of hours that an employee can work in a week, along with provisions for rest breaks during work. According to employment regulations, employees possess the legal right to a minimum rest period of 20 minutes for every six hours of work (Suff, 2022b).

1. Payslips

According to employment regulations, employers must provide their employees with documented payslips that comprehensively outline the precise amount and rationale behind each deduction made from their remuneration (House of Commons, 2023). Employers must maintain accurate records of their employees’ working hours, remuneration, as well as all relevant deductions.

1. Deductions

Employers are allowed to make deductions from the wages of their employees under certain circumstances, including but not limited to income tax, national insurance contributions, or agreed-upon deductions for benefits or services. Nonetheless, there exist restrictions regarding the kinds and levels of deductions that are permissible.

1. Average Working Hours

The calculation of average working hours is commonly based on a predetermined reference period, which is typically 17 weeks. It encompasses the entirety of the time spent on work-related activities, and any additional hours worked beyond the standard workday. However, it is important to note that it does not account for specific types of absences, such as annual leave, sick leave, maternity/paternity leave, and other legally protected leaves (Suff, 2022b).

Scenario 3

Discussing the legal implications of managing the change in relation to the working hours (AC3.1)

Managing change within an organization can have various legal implications. Thus, it is crucial for senior leadership teams to comprehend their legal responsibilities and obligations when implementing changes (George, 2023). Some of the key legal considerations that the organisation needs to consider include:

1. Communication and consultation.

For employers to fulfil their legal duty to engage in communication and consultation with their employees regarding any potential modifications that could impact their employment status. This mandate applies to organizations with a workforce of 50 or more individuals, however, it is considered a beneficial approach irrespective of the size of the workforce. Effective communication necessitates the provision of relevant details regarding the proposed alterations and their potential consequences in a clear and timely manner (George, 2023). For instance, ARL, might be accused of ineffective communication and lack of consultation since it only sent an email to its staff detailing that the changes proposed will be implemented in the coming month.

1. Contractual Changes

If changes to the terms of employment, such as working hours, compensation, or job duties, are being considered, it is incumbent upon the employer to adhere to a fair and transparent procedure. This process entails seeking input from employees, issuing appropriate notifications, and securing their explicit consent or approval of the proposed changes (Battle, 2022). For example, the suggestion to change working hours from 0900-1700, Monday-Friday, to 08:00-20:00, Monday-Sunday goes against the Working time regulations in the UK, which stipulates that employee cannot work more than 48 hours a week on average (GOV.UK, 2015).

1. Collective consultation

Refers to the process of engaging in discussions and negotiations between employers and employee representatives, intending to reach an agreement on issues affecting both parties.

In situations where changes being proposed could potentially result in the loss of 20 or more workers within 90 days, it is entrusted upon employers to undertake collective consultation with representatives of employees or trade unions as required by law (George, 2023). This procedure entails the dissemination of information, discussion of options, and pursuit of agreement on alternative measures to mitigate the effects of redundancies.

1. Redundancy

If proposed changes lead to a reduction in the workforce, it may be necessary for employers to carry out redundancies. In such instances, employers need to adhere to a just and open process (George, 2023).

Explain the legal requirements relating to transfers of undertakings (AC 3.2)

TUPE stands for Transfer of Undertakings (Protection of Employment). It is a piece of legislation that aims to protect employees’ rights when their jobs are transferred from one employer to another. TUPE applies to a wide range of businesses, including private sector companies, public-sector organizations, and charities (GOV.UK, 2020). Since ARL has been approached by an international pharmaceutical company and employees are worried about their rights in relation to this transfer, for TUPE to apply, several conditions must be met:

1. There must be a transfer of an economic entity. This means that there must be a transfer of an organisation’s assets, such as employees, customers, and suppliers. (GOV.UK, 2023)
2. The transfer must be a going concern. This means that the affected organisation must be in a position to continue operating even after the transfer.
3. The employees must be employed by the transferring employer at the time of the transfer (GOV.UK, 2023).

If TUPE applies, the affected employees’ employment contracts will automatically transfer to the new employer. As a result, employees will retain their existing terms and conditions of employment, including their pay, holiday entitlement, and pension rights (GOV.UK, 2023).

The new employer is also legally obliged to consult with the employees about any changes to their terms and conditions of employment. TUPE applies to all employees, regardless of their age, sex, race, disability, or religion. However, there are a few exceptions. For example, TUPE does not apply to agency workers, casual workers, or self-employed workers (GOV.UK, 2023). 

Scenario 4

Explain the major statutory rights in leave and working time (AC 4.2)

Employees have been conferred various statutory rights linked to leave and working time in the UK. The senior leadership team must understand these rights to ensure compliance and proper management. The key provisions include:

1. Rest Breaks

During their work hours, employees are entitled to take rest breaks. As per employment regulations, adult employees are typically eligible for a continuous 20-minute break after working for six hours without any interruption (Suff, 2022b). For instance, due to the work demands, most of the Biologists are working long hours, and ARL has denied their request for rest breaks or flexible working due to a lack of understanding from the Senior Director. ARL is in contravention of this statutory provision

1. Documentation and Record-Keeping

Employers must maintain comprehensive documentation of their employees’ working hours as a means of demonstrating adherence to working time regulations. The documentation comprises the beginning and cessation times of daily working periods, any additional hours worked beyond the regular schedule, and any intervals taken for rest.

1. Leave during Protected Leave or Sick Leave

Workers who are on protected leave, such as maternity, paternity, or adoption leave, continue in accumulating statutory leave privileges. Similarly, it is worth noting that employees who are on sick leave continue to accumulate their statutory leave entitlements, except in cases where they are on extended sick leave.

1. Working on public holidays.

The provision of time off or additional pay for working on public holidays is not provided by law for employees. Notwithstanding, employers may possess their individual policies or employment agreements that pertain to the working arrangements during public holidays (Suff, 2022b).

Explain other employment rights relating to flexible working (AC 4.4)

The Work Life Balance and Miscellaneous Provisions Bill of 2022 incorporate noteworthy provisions on flexible working arrangements. The objective of this legislation is to improve the balance between work and personal life and offer greater flexibility to the workforce (FitzGerald, 2023). The provision of flexible working arrangements is a means of empowering employees, while also placing a corresponding obligation on employers to undertake a fair and reasonable consideration of such requests. For instance, under scenario 4, ARL has denied employee request for flexible working due to a lack of understanding from the Senior Director

The aforementioned provisions have the potential to yield advantages for both employees and employers (FitzGerald, 2023). The provision of increased autonomy to employees in determining their work schedules and arrangements has the potential to positively impact their overall welfare, job satisfaction, and productivity. Enhanced employee engagement, retention, and better work-life balance can be advantageous for employers, resulting in a more positive and driven workforce (FitzGerald, 2023).

1. Flexible Working

One of the significant provisions is the entitlement to request flexible working arrangements, which is extended to all employees irrespective of their tenure, as per the legislation. This encompasses modifications to the duration of work, the physical site of work, or the arrangement of work (FitzGerald, 2023).

1. Duty to Consider Requests

The duty of employers to consider and respond to flexible working requests in a reasonable and timely manner is a legal obligation. The assessment of the request must be conducted per the business requirements and a decision must be made within a predetermined timeframe (FitzGerald, 2023).

1. Eligibility and Procedure

According to the eligibility and procedure guidelines, employees are permitted to submit a single request for flexible working per annum. The request must be presented in written form, explicitly outlining the modifications being sought and the preferred commencement date. The parties involved in a workplace setting, namely the employer and employee, may initiate the discussion aimed at examining potential resolutions (FitzGerald, 2023).

1. Grounds for Refusal

Employers are limited to specific grounds for refusing flexible working requests, including but not limited to the negative impact on the business’s ability to meet customer demands, the inability to reorganize work among existing staff, or the incurring of significant additional costs (FitzGerald, 2023).

1. Appeal Process

The appeal process is available to employees if their request for flexible working is declined, allowing them to challenge the decision. The employer must furnish a lucid protocol for submitting an appeal and conduct a just and impartial evaluation of the decision (FitzGerald, 2023).

Scenario 5

Explain the main principles of maternity, paternity, and adoption rights in the context of employment rights (AC 4.3)

The UK has established distinct regulations on maternity, paternity, and adoption leave within the framework of labour laws. The fundamental tenets comprise:

1. Maternity Leave

Employees who meet the eligibility criteria are entitled to a maximum of 52 weeks of maternity leave, comprising 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave (Suff, 2022a). Eligible employees may also have access to statutory maternity pay.

1. Paternity Leave

Eligible employees have the right to avail themselves of one or two weeks of paternity leave, contingent upon their circumstances (Suff, 2022a). Eligible employees may have access to statutory paternity pay.

1. Adoption Leave

Employees who have adopted a child are eligible for a maximum of 52 weeks of adoption leave, which can be divided between partners. Eligible employees may have access to statutory adoption pay (Suff, 2022a).

The purpose of these entitlements is to assist employees during significant life events such as childbirth, adoption, and parenthood. This enables them to take leave from work while retaining specific employment rights and benefits. It is evident that ARL has failed to adhere to main principles of maternity leave since they made the marketing manager job role redundant during the maternity leave and went further to re-employ her in a different department

References

ACAS (2023) Employment contracts and the law, Acas. Available at: https://www.acas.org.uk/employment-contracts-and-the-law.

Battle, M. (2022) Contract Law: Elements of a Binding Contract, Commercial Law Firm | London, UK | Corporate Solicitors | EM Law. Available at: https://emlaw.co.uk/contract-law-elements-of-a-binding-contract/.

CIPD (2022) Contracts of employment, CIPD. Available at: https://www.cipd.org/uk/knowledge/factsheets/terms-conditions-contracts-factsheet/#UKlegal.

Cole, M.R. (2023) Comprehensive List of Employment Laws in the UK, Croner. Available at: https://croner.co.uk/resources/employment-law/legislation-list/.

FitzGerald, M. (2023) Important New Legislation on Work-Life Balance: what do employers need to know?, McCann FitzGerald LLP. Available at: https://www.mccannfitzgerald.com/knowledge/employment/important-new-legislation-on-work-life-balance-what-employers-need-to-know.

George, S. (2023) Change management, CIPD. Available at: https://www.cipd.org/uk/knowledge/factsheets/change-management-factsheet/.

GOV.UK (2015) Maximum Weekly working hours, GOV.UK. Available at: https://www.gov.uk/maximum-weekly-working-hours#:~:text=You%20cannot%20work%20more%20than,or%2040%20hours%20a%20week.

GOV.UK (2020) Employment contracts, GOV.UK. Available at: https://www.gov.uk/employment-contracts-and-conditions/contract-terms.

GOV.UK (2023) Business transfers, takeovers and TUPE, GOV.UK. Available at: https://www.gov.uk/transfers-takeovers.

House of Commons (2023) Key Employment Rights – House of Commons Library. Available at: https://commonslibrary.parliament.uk/research-briefings/cbp-7245/.

Lawman, N. (2022) Employment rights act 1996, Summary Of The Employment Rights Act 1996. Available at: https://www.netlawman.co.uk/ia/era-1996.

McCartney, C. (2022) Age discrimination at work, CIPD. Available at: https://www.cipd.org/uk/knowledge/factsheets/age-discrimination-factsheet/.

Morris, A. (2021) Discrimination in Recruitment & Selection, Lawble. Available at:

https://www.lawble.co.uk/discrimination-risks-in-recruitment-selection/.

Spruce, R. (2015) Equalities and cohesion duties for managers, SlidePlayer. Available at: https://slideplayer.com/slide/3070601/.

Suff, R. (2022a) Maternity, paternity and adoption rights, CIPD. Available at: https://www.cipd.org/uk/knowledge/factsheets/maternity-paternity-rights-factsheet/.

Suff, R. (2022b) Working Hours & Time Off Work: Factsheets, CIPD. Available at: https://www.cipd.org/uk/knowledge/factsheets/working-time-factsheet/#the-uk-legal-position.

Taylor, S. (2021) Employment law in the UK: the court system, CIPD. Available at: https://www.cipd.org/uk/knowledge/factsheets/uk-court-system-factsheet/.

 

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