2.5 - Employment Legislation Flashcards
What legal rights do employees have at work?
Employees have rights to fair treatment, equal opportunities, safe working conditions, and minimum wages.
What is the Equality Act (2010) designed to do?
Protect employees from discrimination based on protected characteristics (age, gender, race, sexual orientation, religion, disability, pregnancy, etc.).
Simplifies previous anti-discrimination laws.
Reflects the EU’s Equal Treatment Directive.
What are the two types of discrimination?
Direct discrimination – Treating someone unfairly because of a protected characteristic (e.g., not hiring someone due to a disability).
Indirect discrimination – Applying a rule that disadvantages a group (e.g., banning head coverings could discriminate against certain religions).
What are some examples of workplace adjustments required under the Equality Act?
Installing ramps for disabled employees, allowing flexible working for parents, etc.
How do discrimination laws affect recruitment?
Job ads cannot specify age, race, gender, etc.
Exceptions exist (e.g., hiring a female toilet attendant for women’s restrooms).
Businesses must justify their hiring decisions to avoid discrimination claims.
What is the benefit of recruiting a diverse workforce?
A wider range of skills, talents, and experiences.
What does the law say about pay equality?
Men and women must be paid the same for equal work.
Employees are entitled to equal benefits (e.g., company cars).
Unequal pay can lead to legal action, low morale, and high staff turnover.
How do discrimination laws affect promotions and redundancies?
Everyone must have equal promotion opportunities (e.g., businesses cannot favor older employees over younger ones).
Redundancies cannot be based on age, gender, or disability.
What happens when an employee feels they’ve been treated unfairly?
They can file a claim with an employment tribunal.
What does an employment tribunal do?
Reviews evidence from both sides.
Decides whether the employer was fair or unfair.
May order compensation or reinstatement of employment.
What laws regulate minimum wages?
The National Minimum Wage and National Living Wage.
Why is the National Living Wage controversial?
It is lower than the independently calculated living wage, which some ethical employers voluntarily pay.
What happens if an employer underpays workers?
They must reimburse underpaid employees.
They can face fines up to £20,000 or prosecution.
They may be publicly named and shamed.
What is an employment contract?
A legal document outlining the duties and rights of both the employer and employee.
When must employees receive a written statement of employment?
Within two months of starting work.
What are some common employee rights?
Paid holiday – Full-time workers are entitled to 28 days (including bank holidays).
Paid maternity/paternity leave – Though not always at full pay.
Attendance and punctuality – Employees must attend work on time and perform reasonable tasks.
What law ensures workplace safety?
The Health and Safety at Work Act (1974).
What does the Health and Safety at Work Act (1974) require employers to do?
Keep the working environment safe (e.g., ensure machinery and electrical equipment are safe).
Prevent hazards (e.g., provide safety barriers on scaffolding).
Who enforces health and safety laws?
The Health and Safety Executive (HSE).
What happens if a business violates health and safety laws?
Fines or legal action.
Employees can report violations to the HSE.
How can following health and safety laws impact a business?
Ensures employee well-being.
Reduces legal risks and compensation claims.
Increases productivity and morale.
