Employers' Legal Responsibilities Flashcards
Employers’ rights & duties
Must preserve relationship between ER & EE
Take care of H & S - all businesses are legally required to undertake a risk assessment - 4 employees+
Length of working week - Working Time Directive 1998 & rest breaks
Consideration of flexible working after 26 weeks service
ER’s with 20+ employers must recognise trade unions for bargaining purposes
Must meet statutory duties such as written details for disciplinary procedures, deductions from salary, provision of a qualifying workplace pension, notice periods & SSP & SMP
Part time workers must have the same rights as full time workers
EE’s duty to work with care and due diligence, maintain confidentiality & fidelity
ER’s vicarious liability - responsible for EE’s actions
28 days minimum paid annual leave
EE’s entitled to a written statement of T&C within 2 months of starting - must include a principal statement
Disability Discrimination
9 Protected Characteristics:
Age, Disability, Gender reassignment, marriage & civil partnership, pregnancy & maternity, race, religion or belief, sex & sexual orientation
5 types of discrimination:
Direct, Indirect, Victimisation, Harassment & Disability
Dismissal of an Employee
Fair v unfair dismissal
Wrongful dismissal
ACAS procedures - send a letter explaining ER is contemplating dismissal or disciplinary action & why. Hold a meeting with the employee, give EE the opportunity to appeal & hold appeal meeting if lodged
ACAS Disciplinary process
Minor offence - informal action & first warning
Serious offence - final written warning
Gross offence - dismissal
TUPE
Applies to organisations irrespective of size
Protects EE’s rights when the organisation or service they work for transfers to a new ER
Applies if a business or part business moves to a new owner or merges with another business to make a brand new employer
EE’s carry with them their continuous service & T&C’s from the outgoing ER
ER must provide Employee Liability Information
