e2.7 - The principles of employment and discrimination law Flashcards
Typical disciplinary procedures
Formal verbal warning (recorded)
Written warning
Final written warning
Dismissal
Employment Rights act 1996
Employees have the right not to be dismissed on the following grounds:
Employee left or proposed to leave his or her place of work in circumstances where they believed themselves or others to be in imminent danger
Employee took steps to protect themselves and?or others against what they believed to be imminent danger
Employee complained about health and safety issues
Equality Act 2010: Remedies
An employment tribunal may:
A - make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings relate
B - order the respondent to pay compensation to the complainant
C - make an appropriate recommendation
If the recommendation is not complied with, the tribunal can adjust or instruct compensation as it sees fit
Disclosure of wrong doing at work
Protection of ‘whistle blowers’
Protection given by Public Interest (disclosure) Act 1998
In health and safety matters disclosures are protected if made to the HSE or local authority
Employees have a right not to be:
Victimised for making a protected disclosure
Dismissed or selected for redundancy for making a protected disclosure
Equality Act 2010
Came into effect an April 2011
Changes to definition of discrimination
Changes to disability discrimination
Inclusion of pre-employment health questions
Positive action expected, including recruiting and promoting
Monitoring and impact assessing
Gender pay reporting
Employee duties: implied terms
To be ready and willing for work
To exercise reasonable care and skill
To obey reasonable and lawful order
Not to use or reveal to any third party and confidential info or trade secrets relating to the employer
Not to act against the employers interests (sabotage e.g. arson)
Not to misuse the employers property
Not to set up in direct competition with the employer
Not to disrupt the employers business
Dismissal
Employee dismissal with/without notice
Fixed term contract ends without renewal
Employee resigns due to breach of contract by employer (constructive dismissal)
Disciplinary procedures in practice
Given in writing, clearly specifying to whom they apply
Provide for matters to be dealt with quickly
Indicate actions to be taken
Specify levels of management that have authority to take different actions
Provide for individuals to be informed of complaints and given time to respond
Give individuals the right to be accompanied by another person
Ensure dismissal not for the first breach (unless gross misconduct)
Allow for investigation
Give rights of appeal
Disciplinary procedures: Purpose
To help and encourage all employees to achieve and maintain standards of conduct, attendance and job performance.
To demonstrate that a fair procedure has been followed if it becomes necessary to consider dismissing an employee for an act or series of acts
of misconduct.
Legal requirement under the Employment Act 2002 (employee entitled to letter of explanation, meeting and appeal). The Employment Rights Act 1996
requires details to be included in the contract of employment.
An employer may dismiss an employee if…
There is a valid reason for doing so
The employer has acted reasonably
Discrimination
Covered under the Equality act 2010
Illegal to discriminate on the following grounds:
Age Gender Disability Sexual orientation Gender reassignment Marriage or civil partnership Pregnancy and maternity Race Religion or belief (e.g. Sikhs and hardhats. The only that is illegal is NEGATIVE discrimination, not positive)
Five reasons the can justify dismissal
Conduct e.g. poor time keeping
Capability e.g. does not have qualifications for the job
Redundancy - where the employer can show there is insufficient work
A statutory requirement e.g. a driver loses his/her driving license
Gross misconduct (the behavior demonstrated was well below what was expected)
Protected Disclosure: Qualifying Disclosures
In the opinion of the worker, shows one (or more) of the following:
Criminal offence
Failure to comply with a legal obligation
Miscarriage of justice
Endangering health and safety
Damage to the environment
Concealment of information relating to the above
If disclosures are found to have been made in ‘bad faith’, any compensation awarded may be reduced accordingly
Trade union and labour relations (consolidation) act 1992
Gives individuals the right not to be victimised (or dismissed) for becoming (or not becoming) a TU member
Makes a ‘closed shop’ unlawful
Allows reasonable time off for TU members and officials
Makes provision for lawful industrial action
The Contract of employment
Must be given to employer in writing within two months
To include (employment rights act 1996) - express terms:
Names of employer and employee Date employment began Whether time with a previous employee counts as part of a continued period of employment Job title and description Location(s) of employment Hours of work Holiday entitlement Amount and frequency to pay Notice period Details of disciplinary procedure
