2.1 Legislation and Employee Lifecycle Flashcards
The legislation which governs the employee lifecycle
Difference between legislation and regulations
Legislation;
-Legal acts passed by parliament and are known as law
-Imposed by courts and government.
- Can be prosecuted if they fail to comply with the legal act.
Regulations;
-Assist a person to apply the principles of law
-In the form of guidelines
-Regulators examine the laws and then produce guidelines.
-If broken may not be prosecuted within UK Courts.
DOC for employers and employees
Every organisation that employs individuals is obligated to have good practice for wellbeing and welfare of its employees.
They are obligated legally and morally to ensure anyone associated with the business are protected from harm.
The employee Lifecycle
Recruitment:
New job role is identified it is important those recruited have the right skills, experience and qualifications.
Onboarding:
Trained in the skills and knowledge, they are then apart of the businesses culture. This ensures they work hard and succeed in their role.
Development:
A individual may wish to work for a company that has good reputation for developing its employees.
Through investing in learning opportunities for employees
Encouraging employees to progress within their career.
Retention
Recruiting and training new staff takes time and money,.To avoid this businesses often encourage workers to communicate about issues so they can be resolved.
Exit
Its important both parties remain professional. They may have chosen to leave due to a career change, retirement , promotional opportunity at a different company.
The Equality Act 2010
Must not discriminate against the 9 protected characteristics:
-age
-sex
-sexual orientation
-disability
-religion or belief
-pregnancy or maternity
-race
-marriage or civil partnership
-gender reassignment
Employment Rights 1996
Contract must be issued within two months of an employee starting a new job signed by both parties:
-Employees are entitled to breaks
-Parental leave 52 weeks maternity minimum 1 week for paternity.
-Long service =additional benefits
-Redundancy those who have worked for over 2 years get redundancy payment.
Also contains information on rights of workers with zero hour contracts, unfair dismissal, Sunday working.
GPDR 2018
How personal data is stored and used. All organisations must protect this data. P&P detail why how and long data is stored for; Covers
-lawfulness fairness and transparency
-purpose limitation
-data minimisation
-accuracy
-storage limitation
-integrity and confidentiality
-accountability
Health & Safety at work act 1974
Requires work places to be safe and healthy for all this includes employees , employers visitors and customers.
Everyone’s responsibility but some aspects specifically are for employers:
-adequate heat light and ventilation
-offer regular eye tests for those who use computer screens
-risk assessment on activities that can cause harm
-provide protective clothing if necessary
Working Time Regulations 1998
Not allowed to work more than 48 hours in a week exceptions are:
-armed forces, emergency services, or police
-works in security or surveillance
-job includes 24 hour staffing
-sea farer, sea fisher or work on inland vessels
-manage their own business
Pensions Act 2008
Everyone gets a state pension there entitled to this when they are retired this is through NI thats taken from the salary.
Organisations must have a pension scheme in which the employer contributes on their behalf.
Percentage of their salary is also paid into this pension.
Maternity and Paternity Leave 1999
Can take unpaid leave to care for a child
-Can take a maximum of 18 weeks for each child they have up until the child’s 18th Birthday. Including adopted
-Only 4 weeks a year can be taken and must be taken as full weeks
-They must have worked for the business for more than a year
Rights and Responsibilities of Employees
Code of conduct:
-respecting everyone
-dress code
-confidentiality on elements of their job employees may have to sign a confidentiality agreement
-use of social media as this could effect the business.
Disciplinary action processes in businesses
May be in effect if the business is concerned about their conduct at work about their work or absences. Could first be discussed informally may implement formal disciplinary action.
Disciplinary action
Verbal Warning-Discussion about both parties about the situation
Written Warning - Document that details the situation reason for why its unacceptable and steps to improve
Retraining-May be asked to retrain in all or certain elements
Dismissal or other sanctions-Contract is ended.
