Legislation Flashcards
Employee Legislation
Every business is required by law to adhere to the current employment legislation. The main employment legislations are:
- Equality Act 2010
- Health and Safety at Work Act 1974
- National Minimum Wage Regulations
- National Living Wage Regulations
The Equality Act 2010
Aims to prevent discrimination in the workplace, it is illegal to discriminate against workers based on nine protected characteristics:
- age
- disability
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race: can refer to colour, nationality, ethinic or national origins
- religion or belief: can refer to religious or philosophical beliefs,
including a lack of belief
- sex: refers specifically to someone’s biological sex as recorded on
their birth certificate
- sexual orientation
Impact of the Equality Act
POLICIES & PROCEDURES – organisations need to have policies and procedures in place to ensure there are equal job opportunities for all, also must prevent discrimination across all aspects of the organisation.
EMPLOYEE TRAINING – staff must be trained on requirements of equal opportunity legislations.
RECRUITMENT PROCEDURES – organisations may have to revise their recruitment policies to ensure there is no discriminatory wording in job adverts and no discrimination during the recruitment process.
ACCESSIBILITY – the business needs to ensure it is accessible to all. This may require investment in equipment such as ramps or the installation of lifts.
PROSECUTON– the organisation may be prosecuted if they fail to comply with regulations resulting in a fine.
INVESTIGATION – an organisation must investigate any accusations of discrimination or harassment against employees or customers.
The Health and Safety at Work Act 1974
The main piece of legislation covering health and safety in the workplace. It outlines the responsibilities of both the employer and employee in ensuring there is a safe working environment.
Employee Responsibilities
(The Health and Safety at Work Act 1974)
- To take reasonable care of your own and others safety
- Not to interfere or misuse anything that has been provided for your
health and safety such as safety equipment - To cooperate with your employer by undergoing training, wearing
protective clothing and by following health and safety policies - To report any illness or injury that will affect your ability to work
Employer Responsibilities
(The Health and Safety at Work Act 1974)
- Ensure health and safety training is undertaken by all staff
- Provide appropriate protective clothing and equipment
- Make sure all facilities meet minimal health and safety requirement
in regards to ventilation, temperature and noise - Have an up-to-date health and safety policy
- Maintain a safe working environment by ensuring equipment is
properly maintained and safe to use, that appropriate warning
signs are displayed and that adequate first aid facilities are
available.
Impact of the Health and Safety at Work Act
SAFETY EQUIPMENT – the organisation must provide employees with appropriate safety equipment which may increase costs.
LEGAL ACTION – if the organisation does not comply with health and safety regulations, they may be subject to legal action from employees who have been injured. This may result in the organisation having to pay compensation.
BUSINESS CLOSURE – a business that does not comply with health and safety regulations is at risk of being closed temporarily while the issue is fixed, or could be shut down permanently.
National Minimum Wage
(national wage regulations)
Sets out the minimum amount of pay a worker is entitled to per hour. This wage is based on a worker’s age. There is also a specific rate for apprentices.
It is a legal requirement for employers to pay workers the national
minimum wage.
Her Majesty’s Revenue & Customs (HMRC) have the authority to take employers to court if they are not paying workers the national minimum wage.
National Living Wage
Introduced in 2015, specifically for workers aged 23 years and over and it is the lowest wage that can legally be paid to these workers.
Impact of National Minimum Wage and National Living Wage Regulations
INCREASED COSTS – an increase in National Minimum Wage will increase the costs for an organisation which may result in lower profits.
REDUCTION IN STAFF – an organisation may have to reduce the number of people they employee or reduce staff hours to be able to afford a rise in wages.
BACKDATED PAYMENT – if an organisation is found to be paying less than the National Minimum Wage, they will be required to make a backdated payment to employees.
