Employability and the law Flashcards
Employment law can cover what factors?
Contracts Hours Annual leave Sick pay Parenteral leave Discrimination Recruitment Tac National insurance Pension
What does legislation establish?
Establishes minimum requirements in terms of
working conditions for employees
What must employers do when recruiting?
- Not allow bias (conscious or unconscious) to affect their decisions
- Make reasonable adjustments for applicants
- Maintain records, so they can explain why they chose
one candidate over another.
The law protects you against discrimination at work, including?
- Dismissal
- Employment terms and conditions
- Pay and benefits
- Promotion and transfer opportunities
- Training
- Recruitment
- Redundancy
If you think you’ve been unfairly discriminated against you can?
- Complain directly to the person or organisation
- Use someone else to help you sort it out (called ‘mediation’ or ‘alternative dispute resolution’)
- Make a claim in a court or tribunal
Most employees are entitled to work a maximum … hour average
working week.
48
Employers may consult on and agree a system of … hours
Annualised
Total number of hours worked do not exceed an average of 48 hours per week
Almost all employees are entitled to a minimum of …
weeks paid leave per year
5.6
How can employers influence annual leave?
- Employers can restrict when leave can be taken - Employees must be paid in lieu of untaken leave if contract terminated
Describe ‘Contractual’ or ‘occupational’ sick pay
Employees are paid their full salary for a specified number of days’
sickness absence per year
Describe Statutory Sick Pay (SSP)
- Eligible for SSP after 4 days off sick
- Maximum entitlement of 28 weeks of SSP in any period of entitlement
- Employee must provide the employer with evidence of incapacity for work
- Rate of SSP is usually much lower than most employees’ weekly salary – the weekly rate is £94.25
- Any contractual sick pay paid to an employee is set off against any SSP due for the same day.
What are the statutory maternity leave options?
- 26 weeks Ordinary maternity leave
- 26 weeks of Additional maternity leave
- 39 weeks statutory maternity pay
Describe statutory maternity pay
- First 6 weeks: 90% of average weekly earnings (AWE) before tax
- Remaining 33 weeks: £151.97 or 90% of AWE (whichever is lower)
You cannot return to work within how long of childbirth?
2 weeks
Tax you pay on your income; not all types of income are taxable, and the rate depends on?
How much you earn
Where you live
What is national insurance?
- Paid to qualify for certain benefits and the State Pension
- Employee earning >£184 per week
What are some employee rights
- Serve the employer honestly and faithfully
- Work with due diligence and care
- Entitled to a reasonable degree of privacy
- Entitled to blow the whistle on their employer’s wrongdoings
- Get a pay statement, showing total gross pay, deductions and net pay
- Entitled to keep their jobs if the business changes hands
- Discipline and grievances dealt with using ‘fair and reasonable’ procedures
A contract is an agreement that sets out the following
terms:
Employment conditions Rights Responsibilities Duties - these are LEGALLY BINDING
