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Level 5 HRM | Unit 4 | Employment Law

Hello

I am currently studying the Level 5 in HR Management. I am on my fourth assignment on employment law and struggling with the first part...

"Explain the purpose of employment law and how it is enforced". I have explained what employment is and am ok with that part but when they are asking how it is enforced I am unsure? I had originally thought this was relating to the where employment law originated and the passing of a bill through parliament but I think I am interpreting the question wrong. Any help would be appreciated?

Thanks

Lynda 

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  • Hi Lynda and Welcome!

    It's hard for me to know what level of detail or analysis is required here, but here are a few possible pointers:

    - might be worth mentioning that employment is broadly about buying and selling the labour of individuals to other individuals or corporate bodies but UK employment law doesn't precisely define the term

    - legal rules in the UK (including for employment law) are set either by statute or common law. (at least until Brexit, EU law also sets many rules and indeed can take precedence over UK laws etc)

    - there are 'remedies' or penalties for breaking legal rules: broadly enforced by criminal and civil (including tribunals) courts, and the European Court of Justice

    - employment law can involve criminal law (eg health and safety; modern slavery etc) or more usually general contract law as well as specific employment law

    - civil courts / employment tribunals usually award damages against those judged to have broken legal rules which are usually based strictly on the actual loss suffered by the claimant whilst criminal courts impose fines and prison etc sentences based not necessarily or directly on actual loss to any individual but according to the judged seriousness of the crime and the specified statutory remedy

    - these links may help

    keydifferences.com/difference-between-common-law-and-statutory-law.html


    en.wikipedia.org/.../United_Kingdom_labour_law

  • Hi Lynda
    In addition to David's pointers you may find some answers by asking yourself "who has an interest in monitoring the correct and fair application of employment law". Some starter answers could be staff reps, unions, health & safety committees, the press, compliance managers, statutory regulators, companies that beieve in good practice...... Then ask yourself what actions these actors can take.....

  • Hi Lynda

    Not so much thoughts on possible interpretations of the question, but more getting thoughts onto paper. When I did my Level 5, I found that the best way to approach wordy essay questions was to break it into two parts and get all my initial thoughts onto paper using a "mind-map" or "brain-storm" (whichever way you want to refer to it). So I would have started with one for purpose and another for enforcement and potentially done another one for how it links depending on how my thought process was going. I would also add page numbers and book titles so that I wouldn't have to search for them whilst trying to write the actual assignment.

    I also went back to good old fashioned pen and paper and just wrote. It didn't need to make too much sense, it was just a way to get thoughts onto paper and start getting a structure together. I found it easier that way as I could highlight, scribble, draw lines to other paragraphs, and cross out as I went, rather than typing and deleting which always just got my brain a muddle. I still do this now when I'm at work and trying to get my brain going.

    Hopefully this might help you with another way to tackle getting your thoughts onto the page?

    Gemma :-)
  • Hi Lynda,
    I've just completed Level 5 and I'm sure for ours that part was to explain the court structure, what employment law is made up of, how common law comes about etc, like the examples David gave, but probably best to clarify with your tutor as it might vary between course providers, although I believe the assignments are based on CIPD criteria, Did you have an assignment brief webinar at all? They are great for helping to clarify what the assessor is looking for.
    Good Luck :)
    Jacquie

  • In reply to Jacquie:

    I am not a fan of wordy employment law questions as I much prefer to set practical questions, nevertheless The enforcement of it is an interesting question and largely by individual action and employer's voluntary action ie choosing to implement NMW changes rather than waiting to be taken to tribunal.
    Most law comes from case law which requires individuals or sometimes a grouping of individuals to take their employer or ex employer to tribunal and have the persistence to see it through via appeals on points of law. of course most employers when faced with litigation will settle as the threat of litigation focuses their minds. The state's involvement is limited although it does provide courts and funds ACAS. In a few instances it takes action against employers if they are not paying NMW or acting in a seriously unsafe way via the HSE and local authorities.

    Your tutor should be telling you this or at least pointing you in the right direction and reviewing several textbooks should give you a few clues.