The appeal courts and specialist courts in employment law
5OS01 – Specialist employment law
This CIPD Level 5 learning video examines the appeal courts and specialist courts in employment law, a key component of unit 5OS01 – Specialist employment law, specifically addressing assessment criteria AC 1.2 on the tribunal and courts system's role in enforcing employment law. The video explores the hierarchy of courts with jurisdiction over employment matters, including the Employment Tribunal, Employment Appeal Tribunal, Court of Appeal, Supreme Court, European Court of Justice, County Court, and High Court, whilst clarifying how each institution functions within the broader legal framework. By watching this video, learners will understand the distinct roles played by appeal courts and specialist courts in making and enforcing employment law, equipping them with essential knowledge for their CIPD qualification.
What this video covers
Covered in this video are the appellate courts and specialist civil courts that sit above the Employment Tribunal within the English and Scottish legal hierarchy, examined in the context of Unit 5OS01 and AC 1.2. The Employment Appeal Tribunal (EAT), the Court of Appeal and the Supreme Court of the United Kingdom are each addressed, with attention to the composition of those courts, the conditions under which permission to appeal is granted or withheld, and the distinction between appeals on points of law and challenges to findings of fact. The concept of perversity as a ground of appeal, the role of procedural irregularities, and the requirement to give adequate reasons are among the specific appeal grounds the video identifies at EAT level.
The video also covers the precedent-setting function of the appellate courts — from the EAT's role in clarifying statutory interpretation and creating binding authority for Employment Tribunals, through to the Court of Appeal's position as a forum for important points of principle or practice, and the Supreme Court's reserved jurisdiction over questions of general public importance. The Supreme Court's replacement of the Appellate Committee of the House of Lords in 2009 is noted as part of understanding the current hierarchy. Throughout, the video situates these courts within the enforcement machinery that AC 1.2 requires candidates to examine, rather than treating them as abstract constitutional structures.
Two specialist civil courts — the County Court and the High Court — are brought into the discussion to map the boundaries of tribunal jurisdiction. The County Court's relevance to breach of contract claims arising during ongoing employment, to workplace personal injury claims, and to the enforcement of unpaid tribunal awards is identified, as is the High Court's Queen's Bench and Chancery Divisions and their respective connections to high-value contract disputes and restrictive covenant litigation. Injunctive relief as a High Court remedy, and its particular significance where employers seek to restrain departing employees, is named as a distinct topic within the video.
Assessment Criteria 1.2
Examine the role played by the tribunal and courts system in enforcing employment law.
Indicative Content
The role played by courts and institutions with jurisdiction to hear employment- related matters and make and enforce employment law; hierarchy of the courts; Employment Tribunal, Employment Appeal Tribunal, Court of Appeal, Supreme Court, European Court of Justice, County Court, High Court; role of appeal courts.
What You'll Learn
Video covering: The appeal courts and specialist courts in employment law
About 5OS01 – Specialist employment law
This unit considers key areas of employment legislation and its legal framework, focusing on how people professionals are obliged to take account of legal requirements in different jurisdictions when carrying out the varied aspects of their role.
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