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Assessment Brief Answer the following three questions: 1.Your organisation is planning a major reorganisation that will involve moving some people to other sites and the outsourcing of a major function to a sub-contractor. You are asked to set out the major ways in which the law protects employees in such situations and to advise managers about carrying out the reorganisation lawfully. What would you say and why? 2.Three employees make formal complaints about serious bullying at work. The first alleges that it is because of his nationality, the second because of his refusal to join a trade union and the third because of his support for a particular football club. In each case the bullying has been sufficiently severe to require the employees to seek medical help and all are taking medication to help them recover. Explain the grounds and different types of case that these employees might be able to bring against the organisation and why using reference to leading cases. 3.You work for a small organisation which has never had to take formal disciplinary action against an employee before. A long-standing employee is now suspected of coming to work while under the influence of illegal drugs. Explain what steps need to be taken and why if the organisation is to minimise the chances of having to defend the case in an Employment Tribunal. Evidence to be Produced A report of 3000 words, together with a list of cited References and a separate Bibliography of sources consulted but not specifically mentioned in preparing each answer (but these should be excluded from the word count). Unit Assessment To achieve this unit, the evidence the learner presents for assessment must demonstrate that they have met all the learning outcomes and assessment criteria. Learning outcomes The learner will: Assessment criteria The learner can: 1 Understand the purpose of employment regulation and the way it is enforced in practice. 1.1 Explain the aims and objectives of employment regulation. 1.2 Describe the role played by the tribunal and courts system in enforcing employment law. 1.3 Explain how cases are settled before and during formal legal procedures. 2 Know how to manage recruitment and selection activities lawfully. 2.1 Identify the main principles of discrimination law in recruitment and selection and in employment. 2.2 Explain how contracts of employment are established. 3 Know how to manage change and reorganisation lawfully. 3.1 Describe when and how contracts can be changed lawfully. 3.2 Explain the main requirements of redundancy law. 3.3 Explain the main requirements of the law on business transfers. 4 Know how to manage issues relating to pay and working time lawfully. 4.1 Identify the major statutory rights workers have in the fields of pay, leave and working time. 4.2 Explain the major requirements of equal pay law. 4.3 Explain major maternity, paternity and other family-friendly employment rights. 5 Be able to ensure that staff are treated lawfully when they are at work. 5.1 Identify the major requirements of health and safety law. 5.2 Explain the significance of implied duties as regards the management of employees at work. 5.3 Explain the principles of the law on freedom of association. 6 Know how to manage performance and disciplinary matters lawfully. 6.1 Explain the main requirements of unfair dismissal law in respect of capability and misconduct issues. 6.2 Explain the scope of the right for employees to be accompanied at serious discipline and grievance hearings.
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