Employment Law and Regulatory Compliance
Sources and structure of obligations
Candidates should understand how employment law arises from statutes, regulations, case law, collective agreements and codes of practice, and how tribunals and courts interpret them. Know the employment relationship: contract formation, express and implied terms, employee versus independent contractor tests (control, integration, economic reality), and the distinction between wrongful dismissal (contract) and unfair dismissal (statutory).
Core compliance areas
Understand discrimination law concepts: direct and indirect discrimination, harassment, victimisation, reasonable accommodation, and genuine occupational requirements. Know working time limits, minimum wage, leave entitlements, redundancy consultation, transfer of undertakings protections, and data protection duties. Familiarity with record-keeping and equal pay auditing is expected.
Traps in questions
Watch for options that confuse direct discrimination (less favourable treatment because of a protected characteristic) with indirect discrimination (neutral rule with disproportionate impact). Do not assume at-will employment exists everywhere; many jurisdictions require cause or notice. Questions often misstate consultation triggers or treat a policy as law. Remember that compliance is a floor, not a strategy.
Worked example
A warehouse bans all head coverings for safety. This is neutral on its face but may be indirect discrimination if it disproportionately excludes a religious group and the rule is not objectively justified; a narrowly tailored safety requirement with alternatives considered is more defensible. Rule of thumb: ask (1) is there a protected characteristic impact, (2) is the rule a proportionate means to a legitimate aim?