employment law Flashcards
Employment law
Rules and regulations put in place for workplaces.
Why?
To protect the workers from employers treating them unfairly.
How?
It gives the employees rights
If the employee feels their rights have been breached, they can take their employer to an employment tribunal.
Employment tribunal
A panel of people hear evidence from both sides.
Why?
A decision whether to impose fines or compensation and costs is made.
How?
The employer is supported by a trade union, who will give legal advice and may pay for legal representation
The impact of employment law on recruitment
The law also guides the recruitment of workers.
HOW?
The recruitment process, including advertising of the job, cannot discriminate against potential employees on any grounds mentioned within the employment act.
The Equality Act 2010
An act which legally protects people against discrimination within the workplace and the wider society.
HOW?
It is against the law to discriminate anyone for any of the ‘protected characteristics’.
WHY?
To advance equality of opportunity between people.
Protected Characteristics
Sexual orientation
Age
Gender
Race (skin colour, ethnicity or national origin)
Religion (beliefs or lack of)
Disability
Marital Status (whether married or not or in civil partnership)
Pregnancy
Discrimination in the workplace
Treating one worker differently to another for no justifiable reason.
It can take place in terms of;
Recruitment
Pay
Terms & conditions of employment
Promotion opportunities
Training opportunities
Dismissal
Employment rights
Key legislation concerned with establishing workers’ rights in regards to their terms and conditions of employment.
Why?
To protect them from being treated unfairly.
Includes;
Holidays
Pay
Hours
Contract of employment
Health and safety
Holidays
In the UK the law states all workers are legally entitled to 5.6weeks holiday each year (this includes 8 bank holidays)
How?
The number of days holiday a worker has depends on how many days per week they work.
Days per week x 5.6 = holiday entitlement
Hours
How many hours a worker can work per week is controlled in the UK by the ‘working time directive’.
Effects of NMW on Employers
Increased costs
Production
Attractiveness
Health and Safety at work
Employers have a duty of care towards their employees to ensure their wellbeing and safety.
How?
Employers have a legal responsibility to ensure working environments are safe and employees are able to understand and trained to deal with the risks involved in their job.
Employees have the responsibility to take reasonable care and abide by health and safety rules, for example wearing hard hats on building sites.
Contract of employment
A contract is a legal agreement between two people. A contract of employment makes clear what a worker is being employed to do.
WHY?
To make clear what both the employer and employee have agreed to. It avoids disputes over hours, holidays etc.
HOW?
A statement of employment particulars is a written part of the contract of employment which gives details of pay, conditions and holiday entitlement. This must be given to the worker within 8 weeks of starting the job.
Effects of providing a contract of employment
Increased costs
People management
Benefits of complying with employment law
Retention
Reputation
Productivity
