chapter 49 Flashcards
what do businesses have to do
business have to keep up to date with changes in employees rights. they have to know the law.
employment law
all businesses regardless of size must keep up to date with changes to the emplyment rights. many wanted to go to court to figure out a lsoer and a winner however ACAS (advisory conciliation arbitration service) is funded by the government to improve the employer/employee relations.
there are many laws covering how employees should be treated in a work place and the employer can’t have any excuse of it not applying to them, it needs to be looked in to to keep a harmonious relationship.
what 3 sections can employment law be split up in too
-laws relating to the recruitment process
-laws relating to employees in the workplace
-laws relating to the termination of employment
what is a theme that runs through the laws ?
the prevention of discrimination. this has been helped to be prevented due to the
-equal pay act 1970
-sex discrimination act 1975
-race discrimination act 1976
-disability discrimination act 1995
how was the equality act 2010 an important milestone
it replaced all of the previous anti discrimination laws with a single act making the law easier to understand and apply. it also protects people at work from discrimination and sets out why it’s unlawful to treat someone or discriminate someone against
-age
-being married or civil partnership
-being pregnant or having a child
-disability
-race
-religion
-sex
-sexual orientation
what is the law within recruitment
-any advertisement for a post must not state or imply the business will discriminate against a employee. -care must be taken with questions at interviews.
-the act also makes it clear the business should make reasonable adjustments to help job applicants who have disabilities.
- these can be physical adjustments such as ramps and handrails.
-in regards to access to facilities and services the equality act imply there needs to be a clear policy on how services are provided to disabled people, it needs to be communicated and the policy needs to be reviewed and monitored.
what is the law relating to employees at work
a contract of employment is a agreement between an business and a employee
ACAS states
-as soon as someone accepts a job a contract comes into existence
-starting work proves the employee has accepted the terms and the conditions
-a contract doesn’t need to be in writing it can be oral or implied
-most employees are legally entitled to a written state of employment which is a document setting out the main aspects of a persons employment.
e.g. hours of work, pay, sickness, pension scheme details and the period of notice required.
health and safety at work act 1974
this is the right to a safe and healthy working environment. the 1974 aqct was a important piece of legislation which takes account of new issues and hazards e.g. damage to eyes from working at computers. since 1993 employees have been requirred to make estimates of workplace health and safety risks so that they can be minimised. businesses don’t only have a duty of care to look after employees but criminal law lays down minimum safety requirements.
provisions of this act relate to
-place/system of work
-work environment
-machinery used
-employees
-use and storage of machinery
business must ensure –the building is safe
-ensure the temperature is within certain limits
-fit guards on machinery to prevent incidents
-provide training in any hazards
-have a written safety policy
hswa place duty on employees to
-take reasonable care of their own health and safety
-comply with lawful instructions
-don’t interfere or misuse anything
what are the other 2 organisations that operate in the conjuction of the law
the health and safety commission- its responsible for health and safety in the uk. it protects peoples health and safety by ensuring any risks are controlled.
the health and safety executive- these are the enforcing authorities that work in support of the commission. it’s responsible to the hsc for the regulation of risks, if an employee feels there’s a risk it needs to be discussed and if its not resolved the HSE can be contacted for advice on the law. it has a lot of power and can close businesses down
what is the equal pay and equality policies
the 2010 equality act stated woman and men are entitled to be paid equal amounts for work. further with private health care and company cars too.
ACAS suggest all businesses should have an equality policy to ensure fair and consistant treatment of employees and that it’s unlawful for someone to be discriminated. employees should know about the business procedures and who to go to if they don’t think they are being treated properly
what is an equality policy
a policy which ensures fair and consistant treatment of employees so they’re not discriminated against.
the minimum age act 1999
this act lays down the minimum level of pay. it doesn’t matter if a employee is in part time or full tim employment. it ensures a level playing field where all businesses compete. emplyers who treat and pay employees well can’t be undercut. minimum wage increases every year.
what is the maternity/paternity provision the work and families act 2006
materity leave is a legal right already and this act also showed the rgiht to paternity leave in law. the act also introduced rights to paid leave for parents adopting children and the rights for parents of young children to apply for work flexibly.
it aims to give parents greater opportunities to balance work and family life.
in 2015 employees became legally entitled to new matenrity and paternity rights (shared parental leave)
the objective is to encourage firms recruiting of child bearing age.
fathers get a new right to unpaid leave to attend up to 2 antenatal appointments. parents will be able to share up to 12 months of leave after the birth of a child.
and the couple will have to give an indication of how they share there leave 8 weeks before it starts
The data protection act 1984 and updated in 1988 and 2003
businesses needs to keep all sorts of employment related records on employees but there not allowed to disclose any information to other individuals within the business or other organisations. it’s designed to prevent any harms and it tries to balance the need for a business to process essential information with the individuals right to privacy.
this act has been updated 2 times and it now covers all systems of data storage.
and all users of personal data musty register with the data protection registrar
it’s a criminal offence to hold any unregistered data and breaches that are listed can lead to prosecution
-data must only be kept for specific purposes
-individuals are entitled to a reasonable accss to any data relating to them
-data can only be passed to a 3rd party with the consent of the individuals concerned
why does care need to be taken when using social media
employees need to be made aware for example if they post any tweets or show attention to them that’s viewed as acting in the course of their employment it could lead to a legal action against the business for defamation.
a clear policy needs to be in place in relation to employees conducting themselves in the use of social media
