5os01 Specialist Employment Law Assignment Sample

Email 1 (AC 1.1) – Evaluation of Employment Regulation

Subject: The Importance of Employment Regulation

Dear,

I understand your dedication to employment law compliance, as this takes up a vast amount of time and reduces the capacity in which you can focus on enriching of the employment experience for your colleagues at the Trust. However, employment regulation appears like a toil exercise to administer, but it is part of the mechanism to obtain legal security, fairness, and peace during work.

Aims of Employment Regulation

Employment law aims to reduce workplace inequality to ensure fairness, reciprocity, and inclusivity in the relationships between employers and employees. The main aim is to set up a legal framework for protecting parties at the expense of social justice and economic stability. The Equality Act 2010, which is a law that prohibits discrimination based on factors like gender, age, disability, or race, is the same for all employees to enjoy equal opportunities (Mason and Minerva, 2020).

The other essential aim is the protection of employee rights. Proxy laws such as the Working Time Regulations 1998 establish minimum entitlements to rest breaks, holiday pay, maximum working hours, and so on to protect workers' well-being and limit exploitation. The Health and Safety at Work Act 1974 also plays a vital role in ensuring that employers ensure safe working conditions, which is especially important in the NHS (Health and Safety Executive, 2020).

Employment regulation also plays an economic function by curbing unfair business activity. Laws such as these prevent employers from gaining an advantage over other employers by paying their workers less or putting people at risk to create a safer atmosphere for them (Mason and Minerva, 2020).

Objectives of Employment Regulation

Employment law aims to balance employers’ and workers’ power. Clear rules have been enforced to ensure fairness in unfair dismissal, redundancy, and workplace disputes. Employees can`t go to the tribunal service to resolve employment disputes based on fairness.

Another goal is to boost employee engagement and workplace productivity. Work environment and sportsmanship are crucial for trust, loyalty, and the share of interest to increase retention rates and improve performance (Zhenjing et al., 2022). The National Minimum Wage Act 1998 regulates pay so that workers receive fair compensation, which helps reduce economic disparities and also helps with morale in the workforce.

Conclusion

Even though the hours required to follow employment law may be long, ensuring fairness, legal compliance, and a desirable work atmosphere is necessary. The purpose of these regulations isn`t to avoid court disputes but to encourage a fair, respectful, and inclusive work culture.

Best regards

For further guidance, you can explore comprehensive Assignment Help UK resources to support your understanding of employment law.

Email 2 (AC 1.2) – European Court of Justice (ECJ) Rulings and Brexit

Subject: Status of European Court of Justice (ECJ) Judgments Post-Brexit

Dear Senior Manager,

Are ECJ Judgments Still Binding?

The European Union (Withdrawal) Act 2018 deals with ECJ judgments made before 31 December 2020, so these judgments are retained by EU law (European Commission, 2025). The decisions continue to have the force of law in UK courts unless and until they are overturned expressly by the UK Supreme Court or the UK Court of Appeal. Lower courts, such as Employment Tribunals, must follow these rulings unless a higher UK court decides to depart from them.

After Brexit, UK courts no longer need to respect new ECJ decisions. They might rely on post-Brexit ECJ judgments for guidance, but that does not mean they have to employ them unless, by UK legislation, EU law has expressly incorporated them (European Commission, 2025). The government can also apply the retained EU law through the statutory instruments to make amendments or revoke it.

Example of a Retained ECJ Ruling

The case of Federatie Nederlandse Vakbeweging (FNV) v Van den Bosch Transporten BV [2019] offers a valuable example of working time and the mobile worker’s rights under the EU Working Time Directive (Lasek-Markey, 2020). The ECJ ruled that if some workers, such as lorry drivers, do not have their travel times as working time, that should change subject to certain conditions.

As the Working Time Regulations 1998, the UK's implementation of legislation regarding the Working Time Directive has not ended, this ruling continues to affect UK case law. The ECJ's principles must be applied unless the UK government changes the regulations or if a higher court overturns the judgment (Lasek-Markey, 2020).

Can we ignore the rulings made by the Pre-Brexit ECJ?

Despite this, the UK Supreme Court and Court of Appeal now have the option to depart from ECJ rulings made before It has been identified that retained EU case law is still valid, but divergence will be possible in the future precisely because employment law could be reviewed and reformed by Parliament (European Commission, 2025).

Conclusion

ECJ rulings before Brexit are binding unless the UK’s highest court overrules them. Indeed, they still play a role in areas such as working time, discrimination, and equal pay laws, which are essential in the NHS. UK courts no longer need to apply new ECJ rulings, and future legal changes may gradually shift UK employment law away from EU interpretations.

Best regards

Email 3 (AC 2.1) – Occupational Requirements and Discrimination in Recruitment

Subject: Guidance on Occupational Requirements in Recruitment

Dear Colleague,

I appreciate your reaching out about when you may want to indicate that a man or a woman must do a job in one of your directorates. The Equality Act 2010 bans discrimination against recruitment, including gender-selective recruitment, unless justified on objective grounds of a genuine occupational requirement (GOR). That’s why any gender requirement has to be necessary and proportionate to achieve a legitimate aim rather than arbitrary, presumptuous, or stereotypical.

A gender can lawfully have to be a specified gender if the job is related to a fundamental issue of privacy, dignity or authenticity (Padrón, Kovačević and Moreno, 2023). For example, an individual may find gender-specific roles necessary in personal care, such as healthcare or social care. If certain religions or cultures call for it, then a female healthcare assistant may be justified to provide intimate care to female patients. Furthermore, staff required for women’s refuges which offer services to survivors of domestic violence may be female in order not to put off potential service users feeling unsafe around male employees (Pless et al., 2023). The cases in this must show that having a person of the opposite gender as a candidate for the role would interfere with the very core function of that role and that alternative measures would be unreasonable.

In the entertainment industry, there are times when gender requirements are necessary for the authenticity of the role. It is lawful to cast a theatre production seeking to cast a historical male character in such a way that males only can apply. For instance, in the case of religious or faith-based institutions, specific roles as per doctrinal teachings can solely be appointed to a particular gender (Stulz et al., 2024). However, such justifications apply only where spiritual belief is a proper part of the role rather than something wished on the employer by the employee.

A gender requirement would be unlawful based on stereotypes or employer preference. For example, direct discrimination includes a rule that says that the more similar the applicant and the job is, the more that particular job will be performed by that applicant. This is not enough justification if some service users or clients say they prefer gender unless its the occupational requirement threshold (Slakoff, Aujla and PenzeyMoog, 2020). A gender restriction is unlawful if a role can be performed equally well by persons of either sex, and performance by one sex will not prohibit the person of the other sex from performing the role.

Gender requirements must be fully documented, justified, and proportionate to ensure compliance. If you need me to clarify whether a given role fulfils these criteria, I am willing to do so.

Best regards

Email 4 (AC 2.2) – Equal Pay Requirements

Subject: Consideration of Equal Pay Implications for HCA Upgrades

Dear Nurse Manager,

I am grateful for your application to upgrade two healthcare assistants (HCAs) from Grade A to Grade B using surplus research funds. This opportunity can help boost your career progress, but it is important to ensure the decision is in tune with equal pay legislation under the Equality Act 2010 and NHS policies.

Legal Framework for Equal Pay

The Equality Act 2010 states that men and women must be paid equally for equal work, equal work rated as equivalent, or work of equal value (Health and Safety Executive, 2020). As a public sector employer, the NHS provides crucial public goods and services by the law. As such, it is legally obligated to avoid payment differentials based on gender or any other subjective ground. It is given that 80% of the HCAs in the Trust are women (Auchynnikava et al., 2024). If only two male HCAs were upgraded without a transparent process, it could give rise to indirect sex discrimination because it may indicate preferential treatment in favour of male HCAs over their female colleagues.

Justification for Pay Upgrades

Clear, objective reasons must be present to select these two persons for the upgrade to meet the legal compliance. However, if the person is undertaking additional duties, has more responsibility or has qualifications that go above the standard requirements for a Grade A HCA, a formal job evaluation process will need to support this (Kagonya et al., 2023). Without such justification, other HCAs, especially women, could make an equal pay claim under section 66 of the Equality Act 2010 that they are being unfairly disadvantaged.

Ensuring Fairness and Transparency

There should be no risk of discrimination claims, so any progression opportunities should be advertised and accessible to all HCAs working within the Trust. Such an evaluation and selection process can help determine if other programs also meet the criteria for considering an upgrade (Reed et al., 2021). If the selection process is undertaken without due process, this would expose the Trust to legal challenges and the risk of reputational damage.

Recommendations Before Proceeding

Before finalising the upgrade, a role assessment should be conducted to determine whether these HCAs are doing work that justifies the move to Grade B and to see if a formal career progression framework can be introduced so that all HCAs have a fair chance to advance (Skivington et al., 2021).

Best regards.

Email 5 (AC 3.1) – Constructive Dismissal

Subject: Guidance on Constructive Dismissal and Time Limits

Dear Colleague,

I appreciate your inquiry regarding the possibility of a constructive dismissal claim that the radiographer who just left made. Understanding the legal basis for such claims and how soon they are time-barred is important in assessing the position and the carrier’s potential liability.

Legal Basis for a Constructive Dismissal Claim

The term constructive dismissal describes an employee who resigns because of a fundamental breach of contract by the employer. They must prove that the employer’s action left no choice but to quit work under the agreed terms. A change in working hours could seriously be a fundamental breach if it violates the original employment terms where there is no consultation or consent (Ngobeni, Saurombe and Joseph, 2022). The employer had committed a serious breach of contract, for instance, by unilaterally changing working conditions in such a way as to undermine their role.

The breach was so severe that it turned the employment relationship upside down. Promptly, in response to the violation, they resigned if delaying too long would be seen as an acceptance of the new terms (Ngobeni, Saurombe and Joseph, 2022).

Constructive dismissal may be claimed if the radiographer’s working hours were changed without written approval and this change significantly inconvenienced or caused financial hardship (Pyhäjärvi and Söderberg, 2024). However, if the Trust consulted employees, provided notice, or if those affected could make reasonable adjustments, voice advice could weaken their case.

Time Limit for Claims

If you are trying to make a constructive dismissal claim as an employee, under the Employment Rights Act 1996, you must do so within three months less one day from the date it is effective termination (and this means the last date of working) (UK Government, 2025). If they don’t file their claim within this time frame, their claim will be regarded as “out of time” unless exceptional circumstances warrant a further extension.

An individual wishing to take the matter to an Employment Tribunal has to go through Acas Early Conciliation before doing that to try to resolve the dispute without having to go through formal litigation (Pyhäjärvi and Söderberg, 2024). Such a procedure pauses the expiration time limit of submitting the claim. Finally, when the conciliation period ends, the employee has at least a month to file their lawsuit.

Next Steps

However, if the Trust followed proper procedures in making the change, such as consulting the employee and allowing reasonable accommodations, the claim may not be successful. If the change was imposed without notice or heavily interfered with the employee’s ability to work, the Trust will likely find itself at the mercy of legal action.

Best regards.

Email 6 (AC 3.2) – Legal Requirements Relating to Redundancy

Subject: Legal Considerations for Redundancy Process

Dear Senior Manager,

I appreciate your reaching out to me about the upcoming organisational changes and redundancies in your directorate. You understand that you want to proceed quickly; however, redundancy is a legally sensitive process that must be done safely to adhere to employment law.

Legal Definition and Justification for Redundancy

Redundancy is a fair reason for dismissal under the Employment Rights Act 1996, where it results from workplace closure, a reduced need for employees, or reorganisation of the business (Pyper and Brione, 2024). Further, the Trust must prove redundancy to be genuine and real.

Consultation Requirements

As this means there will be fifty redundancies, the Trust is subject to legal requirements to undertake a collective consultation under the Trade Union and Labour (Consolidation) Act 1992 (TULRCA) (Legislation.gov.uk, 2023). That means the redundancy scheme cannot operate until forty-five days after a consultation period is over. This period means that the Trust must properly discuss with a recognised trade union or elected employee representatives. Such a consultation process should convey to the employees the reasons for redundancy, the selection process and any other alternative employment opportunities within the organisation.

Fair Selection Process and Avoiding Discrimination

To avoid being sued for wrongful dismissal, it is essential to follow the process for selecting employees for redundancy fairly, objectively and non-discriminatorily. The use of the sole selection criterion for poor performance may be considered arbitrary and on the unfair side, if there was no previous performance management process. A fair process of selecting a person for a job should have been based on job-related criteria like skills, experience, disciplinary records and overall contribution to the organisation (Rizki Amalia et al., 2024). Other than that, the Trust must also ensure that the process itself does not confront employees on gender, age, disability, or other protected characteristics pursuant to the Equality Act 2010 (Legislation.gov.uk, 2010).

Considering Alternatives to Redundancy

During the stage before a redundancy decision is finalised, the Trust is bound by law to look for alternative options. This involves looking to provide any appropriate alternative employment for the individual within the organisation, investigating the offer of redeployment, or considering whether the individual would be prepared to volunteer for redundancy.

Next Steps

Considering redundancy laws' complexity and associated risks, I strongly advise proceeding with extreme caution (Collins, 2021). It would also guard the Trust against such legal claims by being a structured and legally compliant approach rather than helping maintain morale and trust within the workforce.

Best regards.

Email 7 (AC 3.3) – TUPE Regulations and Employee Rights in the Pharmacy Merger

Subject: Employee Rights Under TUPE in the Proposed Pharmacy Merger

Dear CEO,

I also want to thank you for reaching out about the forthcoming negotiations by the hospital trust and the neighbouring trust to potentially merge pharmacy operations. With this merger, the transfer would most likely fall under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), which protects employees’ rights when a business or service provision transfers from one employer to another.

Application of TUPE to the Pharmacy Merger

There is a legal provision known as TUPE, which comes into effect if the business, part of a business or a service provision is transferred from one employer to the other. At the same time, the company retains its identity (Sharon and Gellert, 2023). This would be a change of services as it would centralise the provision of the operation of the pharmacy and, in this particular case, would, therefore, mean transferring the employees of our neighbouring trust’s pharmacy to be their new employer. Under TUPE, the existing contractual terms and conditions had to be maintained following the transfer, meaning salary, benefits, working hours, holiday entitlement,s etc.

Employee Rights and Protections Under TUPE

If it concerns employee transfers, there must be continuity of employment, which in other words, means that the length of service of a person with the former employer continues in the new one (Collins, 2021). Dismissal of an employee on the basis of the transfer itself would be automatically unfair if any attempt is made to do so unless the dismissal was due to a legitimate business reason other than the transfer itself.

Before this happens, the transferring and receiving employers have a legal duty under consultation and information to inform and consult affected employees (Singh, Chakraborty and Sehgal, 2023). To avoid confusion, the consultation should be conducted with the employees if the neighbouring trust has recognised trade unions or employee representatives.

Managing the TUPE Transfer Process

To help comply with TUPE, the Trust needs to communicate very well with the neighbouring hospital to ascertain the list of affected employees, assess their existing contractual terms, and communicate the transition plan well (Nilsen et al., 2024). The consultation process should be used to reassure employees that their rights are protected and that their concerns will be dealt with accordingly.

Next Steps

It is important to consider TUPE implications early in the merger process so it does not disrupt employees and avoids legal risks. I would be pleased to review the TUPE process, ensure compliance with the consultation requirements during negotiations, and provide support regarding workforce planning.

Best regards.

Email 8 (AC 4.1) – Holiday Pay Calculation for Nurse Bank Staff

Subject: Holiday Pay Calculation for Casual Nurse Bank Staff

Dear Colleague,

It was my pleasure to reply to your query on holiday pay for nurse bank staff. As these employees are employed casually, it is necessary to key with the holiday pay calculated equitably and within the legislation.

Regulatory Framework for Holiday Pay

All workers, including those working on a casual and zero-hours basis, are entitled to 5.6 weeks of paid holiday each year (28 days for full-time workers, including bank holidays) under regulations brought in under the Working Time Regulations 1998 (WTR) (ACAS, 2024). However, for nurse bank staff with variable hours, their holiday entitlement is based on a pro-rata calculation if they work several hours.

Since the amendments made to the Employment Rights (Employment Particulars and Paid Leave) (Amendment) Regulations 2018, holiday pay must be based on the average of workers' weekly earnings during a 52-week reference period (Legislation.gov.uk, 2018). Workers should be paid relatively since the amount they receive should reflect their paid earnings, not essential contracted hours.

Method of Calculation

Casual bank staff is often paid out entitlement in hours worked terms as a percentage. Traditionally, the calculation was 12.07%, derived by dividing the statutory entitlement of 5.6 weeks by 46.4 remaining weekly working. However, following the UK Supreme Court’s Harpur Trust v Brazel [2022] ruling, the blanket approach was considered unlawful. Now, the correct method needs an average weekly pay over 52 weeks (including any weeks not worked) (Illustrate Digital, 2022). In this way, a proportionate and fair amount of holiday pay is ensured for those with irregular working patterns.

Practical Application for Nurse Bank Staff

The only trust of safeguarding patients from highway robbery, as West Bromwich Albion occasionally used bank nurses, is to keep a detailed note of bank nurses’ shifts and wages over the past 52 weeks, except for unpaid weeks. The reference period should be adjusted if the nurse has not worked for 52 weeks. For instance, if a nurse has been given 40 weeks of variable working hours, their average weekly salary must be determined during all 40 weeks (Son, Lee and Ko, 2019). In the case of bank nurses who go on holiday, they are entitled to be paid according to the average earnings of the time.

Next Steps

The payroll system is then reviewed to ensure that it aligns with the Harpur Trust ruling and that Sujadi is paid fairly and lawfully. If you do not have the skill or time to implement these calculations, I would be happy to support you further on that front.

Best regards.

Email 9 (AC 4.2) – Differences Between Maternity Leave and Shared Parental Leave

Subject: Understanding Maternity Leave vs Shared Parental Leave

Dear Employee,

Thank you for contacting us about the differences between maternity and shared parental leave (SPL). Each has pros and cons, and you can choose between them based on your circumstances.

Maternity Leave – Entitlement and Benefits

Pregnant employees are entitled to maternity leave up to 52 weeks under the Employment Rights Act 1996 and the Maternity and Parental Leave Regulations 1999 (Burri, 2019). Ordinary Maternity Leave (OML) for the first 26 weeks and Additional Maternity Leave (AML) for the next 26 weeks. Taking the full entitlement is optiona,l but for childbirth, it's legally required to be at least two weeks (four weeks if you're in a manual role, such as health care).

Statutory maternity pay (SMP) is available for 39 weeks. The first six weeks are paid at 90 per cent of average weekly earnings, and the remaining 33 weeks are paid at a reduced statutory rate (£172.48 per week or 90 per cent of average earnings, whichever is lower). Employers normally upgrade maternity pay through workplace policies, and therefore, reviewing the Trust’s maternity policy is advisable.

Shared Parental Leave – Flexibility and Shared Responsibility

The Children and Families Act 2014 introduced SPL, which allows both parents to take up to 50 weeks of leave at up to 37 weeks' pay if the mother shortens maternity leave.

As Statutory Shared Parental Pay (ShPP) is paid at £172.48 per week or 90% of earnings, whichever is lower, it is less financially advantageous than maternity leave’s 90% full pay during the first six weeks. SPL is different to maternity leave(Legislation.gov.uk, 2010). There are eligibility criteria to meet by both parents: continuous employment for 26 weeks before the 15th week before the birth date of the child and having earnings over the lower pay limit.

Deciding Between Maternity Leave and Shared Parental Leave

It is a personal decision whether to take maternity leave or SPL. During the first year, maternity leave offers greater financial security and is completely protected until one year (Heshmati, Honkaniemi and Juárez, 2023). Despite all this, parents have more flexibility with SPL as they can share childcare responsibilities.

Next Steps

I advise you to review the Trust's maternity and SPL policies and speak to HR about your plans to establish your eligibility and financial position. I am happy to assist you if you need further guidance structuring your leave.

Best regards.

Email 10 (AC 4.3) – Flexible Working Rights and Considerations

Subject: Employee Request for Flexible Working – Legal and Practical Considerations

Dear Colleague,

I understand your suspicion about the newly appointed administrative officer’s request to work from home three days a week. However, the Trust has to appreciate that this is a request and, therefore, must take into account the team's operational needs while still presenting the request in compliance with employment law, in particular, the Employment Rights Act 1996 and the Flexible Working Regulations 2014 (Legislation.gov.uk, 2018).

Employee Rights to Request Flexible Working

In England, Wales and Scotland, all employees with at least 26 weeks implication to a period of continuous service have a statutory right to request flexible working. It may include changes such as altered working hours, number of working days, or altered work location, including remote work. All such a request must be made in writing and explain the reasons for the proposed change, the intended start date and the effect on the role and the organisation that such a change would have (Karasvirta and Teerikangas, 2022). If an employer refuses the request, they must do so on legitimate business grounds within three months.

Grounds for Refusing a Flexible Working Request

Flexible working Regulations 2014 do not allow any flexible working request to be automatically rejected, any such refusal must be based on valid business grounds. Acceptable reasons for denial include:

• It hurts service quality or performance (and this might be the case in this situation if the administrative functions are interrupted by remote work).
• A concern is that the team works best when all people are together on site, as an inability to reorganise work among existing staff may arise.
• Negative impact on the business that will cause increased costs (Karasvirta and Teerikangas, 2022).
• This is due to a lack of work offered within the contracted hours or fears of decreased efficiency through remote work.

It is advisable that you meet with the employees, explaining in detail what they want, listening to their concerns, and negotiating possible contractual compromises. If you need help structuring the response, I will be glad to help.

Best regards.

References

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