7 Employment Law Flashcards
What is employment law? (3)
- Sets out a series of rules for employers / employees
- Developed by Common Law in parliament
- Informed by European directives on social policies and equally informs UK legislation
Where is employment law set out? (3)
- Employment Rights Act 1996
- Employment Act 2002
- RIBA Employment Policy
Where are definitions or contract terms?
- Section 1 of Employment Rights Act 1996
- Must be written
- Can be explicit and implied
What are explicit terms of a contract?
- Written terms of an agreement
What are implied terms of an employment contract? (2)
- Assumptions
2. By both the employer and the employee
What are some examples of implied terms of an employment contract? (6)
- Not to disclose confidential information
- Take reasonable skill and care
- Show good faith
- Employers duty to treat employers with care
- Employers to maintain health and safety regulations
- Uphold trust
What are explicit and implied terms supported by?
12 standards of ARB Architect’s Code
What are model contracts of employment? (2)
- RIBA provided model contracts for students
- Definitions of expectation on employers on level of ability, learning, work experience requirements, study leave provisions
What are diversity and equality opportunities? (3)
- Employers duty to ensure that diversity and equality is being met
- RIBA Code of Professional Conduct GN 8 promotes diversity and equal opportunities
- RIBA Diversity and Inclusion Policy into effect 1 Jan 16
What is the Equality Act 2010?
Defines the employers obligations to act equally with all employees
What is the Equal Pay Act 1970?
Defines that if a man and a woman are performing the same task then they are to be paid the same amount
What act regulates working hours and health and safety? (5)
- Working Time Regulations 1998
- Maximum 48 hours a week
- Minimum of 11 hours rest between days
- 20 mins break every 6 hours
- 20 days annual leave a year
What are the requirements for flexible working hours? (3)
- Came into affect on 30 Jan 2014
- Employees can request flexible hours after 26 weeks or continuous service
- Employers must have a sound business reason for rejecting any request
What are employers obligations under the RIBA Employment Policy on work hours? (3)
- Employers must address any culture of long working hours (condition 2)
- Employers responsibility to maintain balance and record working time
- Employees obligation to recommend working method efficiencies and conditions
What are an employers obligations with regards to Health and Safety? (3)
- To notice occurrences of stress related illness
- Valid claims of stress only valid if it can be foreseeable by employer
- Architectural firms have an obligation to provide Personal Protection Equipment on site
