Provide specialist employment legal advice and progress cases with clients
Overview
This standard is about providing specialist legal advice for a broad range of employment issues. This includes your ability to advise clients on more complex areas of employment law. You will also know how and
Performance criteria
You must be able to:
communicate with the client in a manner appropriate to their
understanding and needs
- explain to clients the services that you can offer in line with their
requirements
- check that clients understanding of legal advice services is
consistent with information you have provided
- agree next steps with clients in line with their requirements
including where any immediate action is required
- analyse available client information to assign relevance to their
case in line with your professional judgement
- 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
open client case files in line with organisational procedures
design an action plan with clients in line with organisational
processes, and agree roles and responsibilities for progressing
actions
progress actions on behalf of clients in line with agreed timescales
evaluate case progress against milestones and outcomes in line
with organisational procedures
- progress case outcomes to conclusion in line with organisational
requirements
- record client details and agreed actions 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
relevant legislation, case law and guidance in your jurisdiction
relating to employment status
specific statutory rights protecting different clients and client groups
key aspects of employment contracts
the purpose of employment contracts
the differences between statutory and contractual employment rights
how to apply legislation, case law and precedent from the legislative
framework in your jurisdiction relating to:
7.1 wrongful dismissal
7.2 unfair dismissal
7.3 constructive unfair dismissal
7.4 automatic unfair dismissal
7.5 Transfer of Undertakings (Protection of Employees) (TUPE)
7.6 statutory rights in work
7.7 redundancy
7.8 direct and indirect discrimination
7.9 harassment
7.10 victimisation
7.11 reasonable adjustments for disability
7.12 discrimination arising from disability
7.13 equal pay
working-time regulations and specific adjustments that can be
applied
circumstances where discrimination may be a factor
relevant statutory bodies for enforcement and equality in
employment
how to assess the merits of a claim
the types of tribunal and court procedures in your jurisdiction
the types of formal documents available to support employment
casework
how to draft formal documents, and the key elements to include
issues relating to calculating compensation
compensation remedies available in relevant tribunals and courts
the role of arbitration bodies
how to calculate compensation within arbitration processes
methods, approaches and tactics for negotiation
grounds and procedures for appeals
when it is appropriate to instruct expert witnesses, and the
procedure for instructing them
when it is appropriate to engage in alternative dispute resolution
processes
fees which apply to employment tribunals
how to apply for remission of employment tribunal fees