Employability and the law Flashcards

1
Q

Employment law can cover what factors?

A
Contracts
Hours
Annual leave
Sick pay
Parenteral leave
Discrimination
Recruitment
Tac
National insurance
Pension
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2
Q

What does legislation establish?

A

Establishes minimum requirements in terms of

working conditions for employees

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3
Q

What must employers do when recruiting?

A
  • 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.
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4
Q

The law protects you against discrimination at work, including?

A
  • Dismissal
  • Employment terms and conditions
  • Pay and benefits
  • Promotion and transfer opportunities
  • Training
  • Recruitment
  • Redundancy
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5
Q

If you think you’ve been unfairly discriminated against you can?

A
  • 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
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6
Q

Most employees are entitled to work a maximum … hour average
working week.

A

48

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7
Q

Employers may consult on and agree a system of … hours

A

Annualised

Total number of hours worked do not exceed an average of 48 hours per week

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8
Q

Almost all employees are entitled to a minimum of …

weeks paid leave per year

A

5.6

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9
Q

How can employers influence annual leave?

A
  • Employers can restrict when leave can be taken - Employees must be paid in lieu of untaken leave if contract terminated
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10
Q

Describe ‘Contractual’ or ‘occupational’ sick pay

A

Employees are paid their full salary for a specified number of days’
sickness absence per year

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11
Q

Describe Statutory Sick Pay (SSP)

A
  • 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.
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12
Q

What are the statutory maternity leave options?

A
  • 26 weeks Ordinary maternity leave
  • 26 weeks of Additional maternity leave
  • 39 weeks statutory maternity pay
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13
Q

Describe statutory maternity pay

A
  • First 6 weeks: 90% of average weekly earnings (AWE) before tax
  • Remaining 33 weeks: £151.97 or 90% of AWE (whichever is lower)
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14
Q

You cannot return to work within how long of childbirth?

A

2 weeks

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15
Q

Tax you pay on your income; not all types of income are taxable, and the rate depends on?

A

How much you earn

Where you live

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16
Q

What is national insurance?

A
  • Paid to qualify for certain benefits and the State Pension

- Employee earning >£184 per week

17
Q

What are some employee rights

A
  • 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
18
Q

A contract is an agreement that sets out the following

terms:

A
Employment conditions
Rights
Responsibilities
Duties
- these are LEGALLY BINDING