Unit 205 Law in the Workplace

Level: 2

Unit reference number: F/504/0629

Credit value: 4

Guided learning hours: 21

Unit aim: The aim of this unit is to enable the learner to develop the knowledge to be able to distinguish between employee and non-employee status, the importance of a contract of employment and statutory requirements of the workplace.

There are four learning outcomes to this unit:

Outcome 1: understand the differences between a self-employed person and an employed person

The learner can:

• describe the tests that are used to identify an employed person and a self-employed person
• describe the practical points that the tests examine to distinguish between an employed person and self-employed person
• explain how the courts will apply tests to different situations
• explain the principle of vicarious liability within course of employment.

Outcome 2: understand the importance of a contract of employment

The learner can:

• describe the advantages of having a contract
• identify the main express terms that would usually be found in a contract of employment
• identify the implied terms of a contract of employment for the employer
• identify the implied terms of a contract of employment for the employee.

Outcome 3: understand how contracts of employment can be terminated

The learner can:

• explain the main distinction between wrongful dismissal and unfair dismissal
• identify situations where a dismissal would be automatically unfair
• identify the potentially fair reasons for dismissal
• describe the different remedies for unfair dismissal and the procedures for obtaining these
• describe the pro-formas used to commence an action including their content.

Outcome 4: understand the requirements of an effective working environment

The learner can:

• describe the health and safety and equality legislation that applies to the working environment
• identify the difference between direct and indirect discrimination.