There is another key goal that ensures employees maintain secure employment while receiving just treatment when dismissed. Under the Employment Rights Act 1996 of the UK, workplace safety and dismissal practices for employees receive protection against unfair dismissals and redundancy rights. Rigid dismissal guidelines create barriers to dismissing substandard workers, which might negatively impact business operational effectiveness.

AC 1.2 You are asked to brief a senior manager in your team about the status of judgements made by the European Court of Justice (ECJ) prior to the UK’s departure from the European Union in 2020. Do these remain good law? Are they still binding on the UK courts? Or can they now be disregarded? He asks for an example by way of illustration. 

Examination of the Role of Tribunals and Courts in Enforcing Employment Law

Employment tribunals and courts serve as key institutions for enforcing employment law by resolving legal disputes between employers and their workforce in UK territories. Tribunals are judicial bodies created to decide matters concerning unfair dismissals and discrimination cases alongside wage disputes and employment-based issues (Courts and Tribunals Judiciary, 2024). Such conflicts can be resolved through these relatively simple, accessible forums. Employment tribunal decisions can be appealed at the Employment Appeal Tribunal (EAT) because of points of law, and the claims can then proceed to the Court of Appeal and Supreme Court for higher review (GOV.UK, 2023). The employment law hierarchy allows complicated legal matters to receive complete analysis to maintain constant legal rules throughout all cases.

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

Before its EU departure on January 31 2020, the European Court of Justice was the top EU law interpreter and required UK courts, including employment judges, to follow its rulings. Brexit has resulted in a transformation of existing legal jurisdiction. Through the European Union (Withdrawal) Act 2018, EU law maintained its standing on December 31 2020, in UK law under the name “retained EU law.” The UK law maintains jurisdiction over ECJ judgments originating before December 31, 2020, with UK courts required to deliver judgments based on these decisions until the judgments are eliminated through domestic judicial or legislative processes (Smith, 2024). 

The UK courts must abide by ECJ decisions before December 31, 2020, but any judgments after this date are not mandatory. Even if UK courts view these judgements as persuasive, they have no legal duty to implement them. The UK Supreme Court and the Court of Appeal maintain permission to break away from EU case law, which remains active within UK law according to its dictums of propriety (Thorneloe, 2024).

Illustrative Example: Working Time Regulations

A critical ECJ judgment influenced UK employment law through its decision to determine what counts as working time. The ECJ determined that mobile workers with no fixed workplace need to have their travel time included as working hours under the Working Time Directive. The decision altered the calculation procedure for specific UK worker working hours (Broughton, 2024). 

This ECJ judgment functions as part of retained EU law, yet UK courts can choose how to interpret it or separate themselves from its precedent after Brexit took effect (Mars, 2020). Business entities, alongside their staff members, must monitor both new legal frameworks and court judgments, which will modify the effective use of existing precedents.

Hence, employment tribunals and courts are essential for enforcing employment law throughout the UK territory. The previous ECJ judgments before 2020 enforced European Union law statutes as domestic legislative statutes, so British courts maintain a choice regarding accepting or rejecting this legal authority. Workers and employers must maintain awareness about legal advancements because this knowledge enables them to understand how their rights transform within this changing legal framework.

Case example

According to the ruling established in Federación de Servicios Privados del sindicato Comisiones Obreras (CCOO) v Deutsche Bank SAE (2019), employers now have to maintain employee working hour records (Employment Cases Update, 2019). This legal precedent stands under the laws of retained EU law, but UK courts maintain the right to depart from it after Brexit, provided they see fit to do so.

AC 2.1 A colleague asks for advice about ‘occupational requirements’. She wants to know when she may and may not seek to stipulate that a job in her directorate must be carried out either by a man or a woman. Explain this to her, considering the main principles of discrimination law in recruitment and selection in your email with reference to specific examples. 

Main Principles of Discrimination Law in Recruitment, Selection, and Employment

The employment discrimination law preserves equal treatment and workplace fairness by stopping improper actions caused by specified identity traits. The Equality Act 2010 is the principal discrimination regulation covering all aspects of recruitment selection and employment in the UK territory. The Equality Act 2010 establishes protection against unfair treatment by defining protected characteristics that cover disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, and religion or belief, together with sex and sexual orientation (ACAS, 2024).

Types of Discrimination

Direct discrimination

This refers to treating an individual any less favourably for reasons related to their protected characteristics (CIPD, 2024). Organisations that decline a female candidate from managerial roles because of her gender represent an instance of direct discrimination.

An unbiased work procedure or requirement produces indirect discrimination when it proves detrimental to individuals who hold the protected characteristic (CIPD, 2024). For example, full-time work requirements with limited flexibility favour male employees over women who need to care for children, an instance of indirect discrimination.

Occupational Requirement (OR) Exception

The Equality Act 2010 permits employers to maintain job requirements that demand employees belong to particular groups such as male or female sexes or religions because these conditions are directly connected to their work under specific conditions. Organisations have the permission to make job-specific sex requirements when they are appropriate for the work demands (ACAS, 2023).

To be lawful, an occupational requirement mandates the following conditions from employers:

The requirement holds genuine importance for performing the associated work tasks reliably.

The limitation has genuine reasons behind it.

The implemented measure remains proportionate based on the lack of other acceptable solutions which would enable equal opportunity (ACAS, 2023)

Examples of Legitimate Occupational Requirements

Acting Roles

A particular gender must act in theatrical or film projects when portraying authentic historical or fictional personality types.

Refuge Worker

The women’s refuge that supports domestic violence victims can make the employment requirement of only hiring female staff members to maintain service users’ protection.

Nevertheless, employers remain restricted from employing occupational requirements to hide discrimination practices. For instance, a bar’s requirement for a male bartender based on branding considerations would most likely amount to unlawful discrimination since this condition lacks essential characteristics and proportionality.

AC 2.2 A nurse manager wants to upgrade two of her health care assistants (HCAs) using some surplus money left over from a research project she has been carrying out. She wants to move them from the A grade on which the vast majority of HCAs in the Trust are employed to the higher B grade. The two people concerned are men. 80% of the HCAs in your Trust are women. She is asking you to approve the upgrade. Include discussion of the legal requirements of equal pay in your reply.

Legal Requirements of Equal Pay

As an essential component of employment legislation, equal work deserves equal pay because it establishes mandatory gender equality in compensation for comparable roles. Under the Equality Act 2010 of UK law, all equal pay provisions rest with this single legislation that replaced and combined the previous Equal Pay Act 1970. The legal requirement stated in this law mandates all employers to pay equivalent wages for identical tasks without concern about the gender of their workers (CIPD, 2024).

What Equal Pay Means in Employment Law

Every type of pay modification must be equivalent for everyone, including base pay, bonus structure pension benefits, overtime compensation rates, and extra benefits. All employees, workers, and apprentices gain protection from this law to prevent gender-based pay inequalities throughout their organisation (CIPD, 2024).

Definitions of Equal Work

Like work- Equal work is defined through the Equality Act 2010 as work that shares identical duties and work requirements falls under this category (ACAS, 2024). 

Work-related as Equivalent

The official job evaluation results demonstrate equivalent demands encompassing responsibility, effort, and skill requirements.

Work of equal value -Work of equal value considers skills, effort, and responsibility determined through job evaluation schemes but does not need to be identical to other positions (ACAS, 2024).

Pay differences may become justified under three specific conditions.

Regardless of gender, the employer can justify pay differences by showing fundamental factors unrelated to gender.

Persons receive compensation through performance-based pay systems that award them for proven achievements.

Differences in experience, qualifications, or responsibilities.

Location-based pay variations due to regional cost differences (ACAS, 2024).

Possible Repercussions of Non-Compliance 

When organisations fail to comply with equal pay law, they become exposed to the following consequences:

Employment tribunals could file claims against the organisation, while legal actions might also be necessary.

Affected employees will receive compensation and retroactive pay awards back to the date of equal opportunity breaches.

Reputational damage and loss of Trust among employees and the public (ACAS, 2022).

Value of Equal Pay Reviews

Organisations should perform routine equal pay reviews to discover pay imbalances and join the effort of upholding legal requirements and building transparent workplaces (ACAS, 2022).

Decision on the Upgrade

The Trust shows that female staff make up 80% of the healthcare assistant workforce, so limiting pay raises to only two males lacks the gender-neutral rationale that protects against Equality Act 2010 violations. If no valid reasons exist, such as confidence in performance improvement or assumption of extra duties, the pay rise could stir discrimination complaints.

Recommendation

The nurse manager should conduct detailed pay equality assessments and develop a transparent system to provide equivalent opportunities for pay advancement to all healthcare assistants without gender restrictions.

AC 3.1 A colleague is concerned that a radiographer who recently resigned from the Trust may be about to make a constructive dismissal claim in relation to a change that was made recently to his working hours. She asks for your advice about the circumstances in which such a change can form the basis of a successful constructive dismissal claim and about how long former employees have to make claims before they are considered to be ‘out of time’ by the Employment Tribunal Service.

Legal Implications of Varying Contracts

What Varying Contracts Means

Varying contracts involve employers legally changing employment contracts, for instance, working hour changes or salary adjustments or when their employees get different positions or work in other areas (Acas, 2021). All UK employment contract changes must follow legal guidelines to prevent contractual breach claims and constructive dismissals.

Lawful Process for Varying Contracts

Only the following legal methods allow employment agreement modifications:

Employers must get employee permission through a mutual agreement process to make contractual changes.

An employer can use variations to contractual terms if the employment agreement contains an accepted flexibility clause when using this provision reasonably.

Changes that result from union-negotiated arrangements between workers’ representatives and employers form a basis for making employment-related modifications.

An uncompromised implementation of changes by the employer can trigger claims from employees who experience adverse effects (ACAS, 2022).

Constructive Dismissal and Contract Changes

An employer’s fundamental breach of an employment contract creates circumstances under which their employee may choose to resign through constructive dismissal. Workers who resign because of unapproved working hour changes can establish a constructive dismissal claim under these conditions:

The change was brought about without seeking consent from affected personnel.

The modified conditions negatively affected the employee’s stability and work-life management.

The employer presented no proper notice or valid reason for modifying the employment terms.

The employees were forced to quit because of the change imposed (ACAS, 2022).

For instance, the radiographer has a valid claim if they need to work extended or troublesome hours after insufficient consultation, creating an impossible work situation.

Time Limits for Bringing a Claim

Employees can only initiate a constructive dismissal case at the Employment Tribunal under the Employment Rights Act 1996 within three months (minus one day) starting from their resignation date. Missing the deadline to file the claim usually leads to rejection by the tribunal system unless the situation contains exceptional circumstances for extension (ACAS, 2022).

Advice

A radiographer who resigned because of non-consultative unilateral changes to their working hours may file a valid claim. The contract examination and consultation review will determine whether success is probable.

AC 3.2 A senior manager is leading on a reorganisation in his directorate. Fifty posts are to be lost, some of which will involve compulsory redundancies. He is keen to get on with the process quickly, simply dismissing the poorest performers and avoiding as much by way of time-consuming consultation as possible. Include discussion of the legal requirements relating to redundancy in your answer.

Legal Requirements for Redundancy: Timescales and Selection Criteria

Consultation Process and Timescales

The senior manager faces legal consequences because their approach to terminate employees without appropriate worker consultation immediately proves illegitimate. The Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) requires employers to perform substantial discussions with staff members who face layoffs (Acas, 2022). The length of necessary consultation depends on the redundancy number the organisation plans to implement. Any firing of employees identified during a redundancy between 20-99 redundancies must be preceded by at least thirty days of consultation period (ACAS, 2020).

According to legal requirements, employers must consult about redundancies between 100 and above for at least 45 days. Besides, a referral process must remain fair and reasonable even though a setup period is absent when less than 20 employees need redundancy (Acas, 2022).

Staff members whose rights to fair consultation are breached can file unfair dismissal claims, while protective awards give each employee up to 90 days’ pay. A compulsory notification to the Secretary of State about large-scale redundancies of 20 or more workers exists even though failure to fulfil this requirement can lead to criminal consequences (Acas, 2022).

Selection Criteria and Legal Risks

Ideal selection procedures were neglected during the senior manager’s implementation of planned worker dismissals, placing the organisation at high risk for legal exposure. Business needs must be the basis for redundancy decisions because treating employees randomly remains unlawful (ACAS, 2020). A proper selection procedure must exist which bases its decision-making on the following elements:

The organisation must maintain its essential competencies by retaining staff with proper skills, qualifications, and experience.

A performance assessment system must depend on verified documented criteria instead of personal impressions.

Work records which do not include absence due to disability, maternity or protected traits should be considered (ACAS, 2020).

Using the criterion of employment duration alone to choose applicants remains a legal practice but might result in prohibited indirect discrimination.

All disciplinary decisions need to use documented infractions as the basis instead of integrating retrospective bias.

A selection method lacking fairness may result in workers filing claims for discriminatory dismissal and discrimination under the Equality Act 2010 (Legislation.gov.uk, 2023). Various employees who remain on maternity leave receive extended redundancy safeguards because employers must present available suitable alternative positions.

Hence, organisations must follow proper consultation requirements and use fair assessment criteria to prevent financial penalties and reputation issues. Failing to meet legal requirements can result in high costs, including employee lawsuits, staff demoralisation, and enforcement penalties.

AC 3.3 Your Chief Executive Officer is about to open preliminary negotiations with a neighbouring hospital trust about the possibility of merging their two major pharmacy operations. The new centralised pharmacy will be based in your Trust but will provide services to the neighbouring trust as an expanded operation. She asks you to explain the major relevant rights that any employees involved in the merger might have in respect of the Transfer of Undertakings (i.e. TUPE) regulations should it go ahead at some date in the future. 

Legal Requirements Relating to Transfers of Undertakings (TUPE)

What TUPE Means and Types of Transfers

TUPE stands for Transfer of Undertakings (Protection of Employment) Regulations 2006, which ensures that employees maintain their rights during employer transitions to another business (ACAS, 2024). There are two main categories of transfers where TUPE operates:

The movement of entire businesses or their sections from one ownership to another falls under Business Transfers together with mergers and acquisitions.

Service Provision Changes involve outsourcing services, moving services from one provider to another, or converting services to internal deliveries (ACAS, 2024).

When your Trust absorbs employees from the neighbouring Trust under the proposed pharmacy merger, TUPE functions as a business transfer mechanism.

Relevant Legislation

The protection of workers during transfers comes under TUPE Regulations 2006 as amended through the 2014 updates.

The Employment Rights Act 1996 extends specific security measures to defend employee rights.

Employee Rights Under TUPE

The transfer of employees to their new employer follows the automatic application of TUPE by providing the following features:

The employment period remains continuous since service dates are maintained.

All employment conditions persist without alteration regarding pay scales, holiday benefits, and contractual obligations.

A transfer of employment cannot lead to employee dismissal except when the employer invokes economic, technical, or organizational requirements demanding workforce modifications (ACAS, 2024).

Informing and Consulting

Employers must inform and consult with either employee representatives or their union members concerning; 

The transfer, its reasons, and its timing.

The potential impact on employees.

Any planned changes post-transfer.

A lack of employer consultation enables employees to seek compensation for 13 weeks’ pay (ACAS, 2024).

Employee Liability Information

The present employer must present Employee Liability Information (ELI) to incoming employers at least 28 days in advance. Previous information includes:

Employers need information including worker profiles, job agreements and employee disciplinary records (Working Families, 2025).

Collective agreements.

Any past grievances or legal claims.

AC 4.1 You are asked to explain the regulatory requirements relating to the calculation of holiday pay to a new colleague. There are several dozen nurse bank staff who are employed regularly but on a casual basis to work in his department. They mainly cover shifts when permanently employed colleagues are absent and he is keen to ensure that their holiday pay is calculated fairly and lawfully. 

Statutory Rights in Leave and Working Time – Holiday Pay Calculation

Relevant Legislation

The UK law stipulates rights to leave and holiday pay through The Working Time Regulations 1998 (WTR 1998). The mandates enforce that all employees who maintain flexible schedules will obtain compensated departures (CIPD, 2024). According to the Employment Rights Act 1996, the law includes rules about pay computation.

Regulatory Requirements for Calculating Holiday Pay

Most workers acquire 5.6 weeks (28 days) of paid leave under the WTR 1998 for each year, including public holidays. Typical employee earnings during holidays should incorporate their standard pay rates, scheduled overtime work, and bonus payments (ACAS, 2023).

The calculation of holiday pay for workers with fixed hours and specific pay uses their established weekly wage rates. Casual or irregular-hour workers, including nurse bank staff, need distinct forms of calculation to determine their holiday pay (ACAS, 2023).

Calculating holiday pay for nurse bank staff

Staff members within the Nurse Bank determine their holiday pay based on specific calculation methods.

Nurse bank staff members who work casually must have their holiday entitlements and payments determined from their actual earnings throughout a reference period.

Accrual Method (For Leave Entitlement):

Regarding casual workers, their holiday accrual rate stands at 12.07% of their total worked hours (Siva, 2022).

A nurse bank staff member who works 100 hours receives 12.07 hours of paid holiday.

Holiday Pay Calculation (For Payment):

Under the Employment Rights (Employment Particulars & Paid Leave) Regulations 2018, employees must receive holiday pay based on their average earnings calculated from the previous 52 weeks after excluding the unpaid weeks.

This means:

The total sum of all payments obtained throughout the previous 52 weeks of paid work is the basis for calculation.

Determine the average weekly wage by dividing total pay by total weeks worked (ACAS, 2023).

The number of holiday days will determine the outcome from the average weekly wage calculation.

Example Calculation:

During some weeks, the nurse bank worker receives £500; other weeks, the nurse bank worker brings them £300.

The nurses receive an average of £400 per week from their total earnings across their last 52 paid weeks of work.

The employee would get £400 when they use their one-week reserved holiday.

Hence, the department needs to calculate holiday pay for nurse bank employees by including their paid earnings from the past 52 weeks. This methodology secures the WTR 1998 compliance and legal protection against pay errors.

AC 4.2 A member of staff who is pregnant asks you to explain to her the major ways in which maternity leave and shared parental leave differ. She is considering which of these options would be most beneficial to her and her partner and is looking for your guidance before making her decision.

Relevant Legislation 

The primary regulation for maternity(paternity) and adoption rights includes: The Maternity and Parental Leave, etc. Regulations 1999 (), The Shared Parental Leave Regulations 2014 (),and The Employment Rights Act 1996 ().

Difference between the maternity leave and the shared parental leave

Length of Leave

Expecting employees are subject to 52 weeks of maternity leave through Ordinary Maternity Leave for 26 weeks, and then Additional Maternity Leave for another 26 weeks becomes available. The extended leave period remains specific to the mother and cannot be used by the father (ACAS, 2025).

Nevertheless, the SPL policy allows parents to share leave of up to 50 weeks. Employed parents can use this benefit in separate chunks or without time limitations while determining its distribution based on their requirements (GOV.UK, 2024).

Eligibility Criteria

However, the requirements for qualifying parents under Shared Parental Leave involve the parents meeting specific employment details or earnings levels. For instance, the mother needs to reduce the duration of her maternity leave to have the option to use Shared Parental Leave (ACAS, 2025). Besides, the other parent needs two conditions to qualify: work at the same job for 26 weeks before week 15 of pregnancy and show at least eight weeks of earning £120 per week (GOV.UK, 2024).

Payment Entitlements

Employees who choose Statutory Maternity Pay receive benefits for 39 weeks (ACAS, 2025). Earnings amounts span from 90% of the usual wage during the first 6 weeks through the remaining 33 weeks based on a lower minimum or actual pay. Besides, between weeks 34 and 39, the government pays either the statutory rate or 90% of actual earnings (ACAS, 2025). However, the final amount will always be the lowest of the two.

On the other hand, the program structure of Shared Parental Pay (ShPP) is equal to that of SMP. However, it provides support for only 37 weeks, which can be split between the parents (GOV.UK, 2024).

Flexibility

Female workers must take their entire Maternity Leave period as one continuous period that their partners cannot participate in (ACAS, 2025). Contrarily, Shared Parental Leave provides flexibility to parents who can split their absence into multiple non-consecutive periods as agreed with their workplace (ACAS, 2025).

Job Protection

Employees’ right to resume their original jobs exists when their Maternity Leave lasts twenty-six weeks or shorter. Upon completing 52 weeks of leave, the employee needs to receive their existing position or another suitable role (ACAS, 2025). However, employees who use Shared Parental Leave for longer than 26 weeks may receive a suitable job alternative from their employer that offers equivalent working conditions (GOV.UK, 2024).

AC 4.3 A colleague in the People Management team has recently received a letter from a newly appointed administrative officer who is employed to work on your main hospital site. She is formally requesting the right to work from home on three days each week. Your colleague does not wish to accede to this request for fear that it will encourage other administrative staff to demand the right to work from home too and that this will reduce the quality of the service the team provides. Include an explanation of employment rights in relation to flexible working in your answer.

Employment Rights Relating to Flexible Working

What is Flexible Working?

It refers to any working pattern that deviates from standard full-time office-based day work and constitutes flexible working instructions (CIPD, 2024). Types of flexible working include:

Employees now perform their duties from their residence or any site outside official workplace locations.

The working arrangement grants employees less time than a standard full-time schedule demands.

Under the job-sharing arrangement, two employees divide a complete full-time work position between them.

The compressed work schedule allows staff to put in their weekly hours over fewer days, thus completing four ten-hour shifts instead of five eight-hour shifts (CIPD, 2024).

Employee flexibility enables them to choose their working schedule as long as they maintain their designated work hours (CIPD, 2024).

Grounds for Requesting Flexible Working

Employees can ask for flexible working arrangements for multiple reasons, which include:

Active employees often need flexible working schedules to attend to their duties, including child and elderly family care.

Employees may need flexible working hours for long-term health conditions to deal with symptoms and manage medical appointments.

Employees often ask for flexibility by working from home or changing their work schedule to lower transport expenses and travel duration (ACAS, 2024).

Employment Rights and Legislation

All employees meeting a 26-week employment requirement can request statutory flexible work under the Flexible Working Regulations 2014 (Bectu, 2024). Key points include:

An employee can make the request when they maintain employment with the same employer for no less than 26 weeks.

The right to submit flexible working requests belongs to every employee, including part-time and full-time personnel, after they complete at least 26 consecutive weeks on the job.

The law allows employees to make flexible work requests to their employers, though employers maintain the power to deny such requests. Under this requirement, the employer must review the work request responsibly (Bectu, 2024).

Process for Managing Requests Lawfully

An employee must begin the process by composing a written request, including the requested work flexibility type and the underlying motivation behind the request.

An employer must respond to the employee’s requested flexibility within three months of submission.

The employer must thoroughly evaluate all requests according to the business requirements. The employer must present explicit motives when denying a flexible working request (ACAS, 2024).

Reasons for Refusing Flexible Working

Accepting flexible working requests requires specific key reasons for denial that employers must present.

A flexible work request might become too much of a burden for the business organization because it creates operational problems that reduce service quality.

The execution of requested changes might lead to substantial extra expenditures for the organization (ACAS, 2024).  

A change in working arrangements might negatively affect team cooperation and decrease employee work efficiency.

Some positions demand attendance at the workplace because remote work environments would limit their ability to perform essential duties (ACAS, 2024).

Discrimination Claims

Discrimination claims from employees will be raised when they feel their flexible working request was denied due to unfair discrimination criteria. These criteria include:

The request for flexible working to handle childcare responsibilities encounters possible refusal because of gender-based discrimination against female workers.

Disabled employees could have an entitlement to flexible working as a reasonable adjustment under the 2010 Equality Act.

Employers should be keen on such likely claims and ensure compliance with the law when considering flexible work requests (ACAS, 2024).

References

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