Provide first line employment legal advice
Overview
This standard is about providing clients with information and advice at the point of initial contact with the service. The information and advice you provide will relate to employment legal advice. As part of this standard you will need to know how to decide when to refer clients on to
Performance criteria
You must be able to:
communicate with the client in a manner appropriate to their
understanding and needs
- explain to clients the legal advice services you can offer in line
with organisational requirements
- check that clients understanding of legal advice services is
consistent with information you have provided
- agree with clients their legal advice requirements in line with
relevant legislation, policies and procedures
- agree with clients any situations which require immediate action
and take steps to implement in line with their requirements
- explain the organisation's systems and procedures for working
with clients
- analyse available client information to assign relevance to their
case in line with your professional judgement
- record client details and agreed actions in line with organisational
requirements
- review sources of information to assess applicability to clients
situations
check that information obtained enables you to advise clients
analyse information received from clients and the research
process to formulate options in line with clients needs
- present clients with information and possible options for action in
line with organisational requirements
- advise clients on the implications of possible options in line with
organisational requirements
- check clients understanding of the advice offered in line with
organisational requirements
- agree actions required by you and clients in line with
organisational requirements
Knowledge and Understanding
You need to know and understand:
You need to know and 1. how to adapt communication styles in ways which are appropriate to
the needs of the client
legislative frameworks in your jurisdiction relating to employment
categories of employment status
tests available for employment status, and:
3.1 their purpose
3.2 where to source employment tests
3.3 how to use and apply employment tests
specific statutory rights protecting different clients and client groups
how statutory rights in work are affected by status
differences between statutory and contractual rights in employment
available sources of evidence for contractual terms
the key contractual issues that arise at work
legislation frameworks relating to discrimination in employment
scope and eligibility of discrimination described in legal frameworks
key types of discrimination at work
tests available for discrimination, their purpose, and where to
source these
key responsibilities of employers in relation to disabilities
eligibility criteria for different forms of dismissal, including:
14.1 wrongful dismissal
14.2 unfair dismissal
14.3 constructive dismissal
14.4 automatic unfair dismissal
main statutory rights on termination of work, including:
15.1 redundancy
15.2 notice
15.3 dismissal
15.4 retirement
15.5 transfer of business
15.6 insolvency
15.7 lay off and short term working
how to draft relevant documentation in simple cases, including:
16.1 grievances
16.2 appeal letters
16.3 tribunal claims
types of employment procedures which employers apply
the types of tribunals and courts in your jurisdiction relevant to
employment disputes
how time limits for tribunals and courts may be affected by statutory
dispute resolution procedures
potential outcomes from the range of options available for redress
sources of available funding
external resources available for consultancy and referral