Solution
In Workplaces, a settlement of a claim mainly involves offering monetary benefits to an associated entity in terms of maintaining fairness instead of any loss, risks, or similar events. The settlement claim assures associated entities of potential or existing losses by verifying losses or conflict situations (Acas.org.uk, 2023).
ACAS ECS- As evidenced in ACAS (2022), this is identified as the COT3 agreement and attained through an Early Conciliation. This body is involved in reso...
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Archives
(Solution) CIPD 1.2 5OS01 Tribunal and courts system in enforcing employment law
Solution
The Employment Tribunals (ETs) do not operate through an inherent jurisdiction but depend on parliament for their statutory powers. The Employment Tribunals (ETs) are not supposed to be the last resort but used to offer all parties an easier, speedy, informal and inexpensive procedure of settling disputes. Its operations is in line with the Enterprise and Regulatory Reform Act 2013 (Legislation.Go.UK, 2021) which stipulate the function of Early Conciliation. This is a process where ...
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(Solution) CIPD 5OS01 1.1 Aims and objectives of employment regulation
Social Justice in Workplace
Social justice is a practice of promoting equal relationship among the employees and employers with a just power distribution. As evidenced in Personnel Today (2021) through an appropriate embrace on the employment law, exploitation and insubordination which is a characteristic of a capitalist system is eliminated. Despite leadership and management being core in an organisation system, employers are safe from any injustice committed by their staff. For instance, t...
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(Solution) CIPD 5OS01 3.2: Legal requirements relating to transfers of undertakings
Solution
As evidenced in Acas.org.UK (2023), the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) offer the rights of employees in an event their employment changes when a business is transferred to a new owner. According to the regulations, business transfer include when a business moves from one employer to the other. An example is merging of 2 businesses for forming a new one. An employer must however change for TUPE to apply and an employee automatically transfers t...
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(Solution) CIPD 5OS01 3.1: Legal implications of managing change
Solution
As evidenced in Gov.uk (2023), problems would emerge in an event the employer attempts to change a contract without an agreement, or re-employs an individual on new terms and conditions. Also, this could occur in instances of breaching of a contract where contract terms are broken such as employers failing in paying agreed wages or employees failing in working in agreed hours. Dismiss and rehire is identified as a legal practice in UK but does not hold serious risk of costly claims ...
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(Solution) CIPD 5OS01 4.4: Other employment rights relating to Flexible Working
Solution
Right of work from home According to Employment Rights Act 1996, Section 44, if the health and safety requirement at the workplace is compromised, employees have the right to ask to work from home (Legislation.gov.uk, 1996).
Right of flexibility in start and finish time- According to the Flexible Working Regulations 2014, employees who have worked at least 26 weeks straights have the opportunity to ask for flexible working hours (Legislation.gov.uk, 2014).
Right to the p...
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(Solution) CIPD 5OS01 4.3: Main principles of maternity, paternity, and adoption rights in the context of employment rights
Solution
Statutory maternity, paternity and adoption rights in the UK apply before and after birth and adoption. Paternity and Adoption Leave Regulations 2002, Employment Rights Act 1996, and Employment Protection Act 1975 are related to statutory maternity, paternity and adoption rights.
Statutory right of 52 weeks maternity leave- In the UK, employees are eligible to take maternity leave if they have worked for at least 26 weeks. Based on the UK maternity pay and leave policy, the SMP i...
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(Solution) CIPD 5OS01 4.2 Major statutory rights in leave and working time
Solution
Working hours & time off work give employees basic rights and protections relating to working time. True Health should consider the following statutory rights concerning leave and Working time.
A right to 28 days paid leaves in a year- A full-time worker in the UK has the right to 28 days' holiday if they worked for 5 weeks straight, which is equivalent to 5.6 weeks of leaves in a year. With the Working Time Regulations 1998 (UK) provision, permanent employees should be given...
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(Solution) CIPD 5OS01 4.1: Major statutory rights workers have concerning pay
Solution
The statutory rights to employees in areas of pay has been improved to include 1 day in line with the 2020 Act after commencing their employment. The considerations include payment above the national minimum wage and an itemised payslip from the first day. The different legislations such as Equal Pay Act 1970, Equality Act 1970 have all been repealed with Equality Act 2010 consolidating all the legislations. The payslip should involve Basic salary, Dearness Allowance, Housing rent a...
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(Solution) CIPD 5OS01 2.2 The legal requirements of equal pay
Solution
Adopting the definition in ACAS (2022) equal pay represent a situation where men and women ought to be offered with equal pay for doing equal work. This is a work which equal pay law classes as the same, similar, equivalent or of equal value. To achieve equal pay, an organisation should not pay an employee less compared to another person who is of opposite gender and doing equal work. This is covered in the Equality Act 2010 and Equality and Human Rights Commission (EHRC) statutory ...
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