Legislation: Employment Legislation Flashcards
Define employment legislation.
Refers to the laws in place to protect workers’ rights.
What is one of the main things workers are entitled to?
An employment contract
What information does an employment contract set out? (6)
- Business name
- Employee name
- Nature of their role
- Pay
- Hours of work
- How much holiday they’re allowed
What does the law in the UK protect workers from?
Working more than an average of 48 hours per week
What are full time employees entitled to?
A minimum of 5.6 weeks of paid holiday per year
What is an employment contract and what does it do? (3)
- A legal, written document which both parties sign
- It legally protects both businesses and workers
- It is legally binding
What does it mean for a contract to be legally binding?
There are consequences if either side of those who agreed to sign the contract breaks the terms of it.
What may happen to employees who break the terms of a contract?
They can be dismissed from their job.
What may happen to employers who break the terms of a contract?
They may be forced to pay compensation
What should an employee do when they feel that their employer is not fulfilling terms of their contract?
They should bring this up with the employer
Examples of ways an employer could not be fulfilling terms of their contract. (2)
- By not paying the employee by the agreed rate
- By not allowing the employee to take paid holiday that they’re legally obliged to
What can an employee do when they feel that their employer is still not fulfilling terms of their contract after discussing?
They can take their case to a tribunal
What is a tribunal? (4)
A hearing where:
- The employee can express their complaint
- The business can defend itself
- The member of the tribunal act as judges
What do members of the tribunal decide and what happens If this occurs?
They decide whether the employer is acting unfairly or not - if so they can order the employer to pay compensation.
What else, other than when terms are not followed, do tribunals deal with?
Cases related to unfair dismissals
What is an unfair dismissal?
When an employer dismisses an employee from their job for no legal reason.
What is an example of an illegal unfair dismissal?
Dismissing a worker because she is pregnant - known as discrimination.
What does the Equality Act of 2010 do?
Protects employees from being treated differently or unfairly at work (discrimination).
What is discrimination?
When a person or a group of people are treated differently for no just reason.
What factors may cause discrimination? (9)
- Age
- Sex
- Religion
- Race
- Sexual orientation
- Gender reassignment
- Martial status
- Pregnancy
- Disability
Who does the Equality Act of 2010 apply to? (2)
- Candidates at all stages of recruitment and selection process
- Workers already in a job
Whose role is it to enforce the Equality Act of 2010’s law?
The Equality Commission
What is the Equality Commission? (4)
A public body that investigates allegations of discrimination and advises policy maker, employers and employees on matters relating to equal opportunities.
What is equal pay?
Men and women in the same employment performing equal work should receive equal pay.
What is a minimum wage?
Minimum amount that an employee can get paid
In the UK, who does the National Living Wage apply to?
Workers aged 25 and over
In the UK, when does the National Living Wage increase?
Every April
In the UK, what is the National Living Wage in April 2018?
£7.83 per hour
In the UK, who does the National Minimum Wage apply to?
Workers over school leaving age but under 25
What is the minimum wage for workers of different ages in 2018? (3)
Under 18 = £4.20
18-20 = £5.90
21-24 = £7.38
What is the minimum wage for some apprentice in April 2018?
£3.70
What are employers obliged to follow and what does this cause to happen to their businesses?
The National Minimum Wage and the National Living Wage; this means as the rate increases, the business’s cost increases.
What does an increase in business costs due to National Living/Minimum Wage result businesses to do?
Raise the cost of their products so the profit levels remain the same
What may employers do when there is a higher minimum wage? (2)
- Be reluctant towards hiring new workers
- Downsize the business by making current workers reductant
What may businesses do to reduce costs?
Larger, multinational businesses may relocate their businesses to areas where there is a lower minimum wage
What does a minimum wage ensure for workers?
That they have an income to provide for their basic needs
What are the advantages of having a minimum wage? (2)
- Increases motivation which leads to them being more likely to stay for longer
- Can be costly to hire new employees and pay for training so better motivation may reduce additional unnecessary costs
What can happen to employers when they are found to be paying under the minimum wage and how may this effect certain businesses?
Can be fined up to £20,000 for each employee found to be working under the legal minimum wage which can be very damaging for small businesses.
