Legislation: Employment Legislation Flashcards

1
Q

Define employment legislation.

A

Refers to the laws in place to protect workers’ rights.

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2
Q

What is one of the main things workers are entitled to?

A

An employment contract

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3
Q

What information does an employment contract set out? (6)

A
  • Business name
  • Employee name
  • Nature of their role
  • Pay
  • Hours of work
  • How much holiday they’re allowed
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4
Q

What does the law in the UK protect workers from?

A

Working more than an average of 48 hours per week

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5
Q

What are full time employees entitled to?

A

A minimum of 5.6 weeks of paid holiday per year

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6
Q

What is an employment contract and what does it do? (3)

A
  • A legal, written document which both parties sign
  • It legally protects both businesses and workers
  • It is legally binding
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7
Q

What does it mean for a contract to be legally binding?

A

There are consequences if either side of those who agreed to sign the contract breaks the terms of it.

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8
Q

What may happen to employees who break the terms of a contract?

A

They can be dismissed from their job.

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9
Q

What may happen to employers who break the terms of a contract?

A

They may be forced to pay compensation

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10
Q

What should an employee do when they feel that their employer is not fulfilling terms of their contract?

A

They should bring this up with the employer

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11
Q

Examples of ways an employer could not be fulfilling terms of their contract. (2)

A
  • By not paying the employee by the agreed rate
  • By not allowing the employee to take paid holiday that they’re legally obliged to
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12
Q

What can an employee do when they feel that their employer is still not fulfilling terms of their contract after discussing?

A

They can take their case to a tribunal

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13
Q

What is a tribunal? (4)

A

A hearing where:
- The employee can express their complaint
- The business can defend itself
- The member of the tribunal act as judges

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14
Q

What do members of the tribunal decide and what happens If this occurs?

A

They decide whether the employer is acting unfairly or not - if so they can order the employer to pay compensation.

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15
Q

What else, other than when terms are not followed, do tribunals deal with?

A

Cases related to unfair dismissals

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16
Q

What is an unfair dismissal?

A

When an employer dismisses an employee from their job for no legal reason.

17
Q

What is an example of an illegal unfair dismissal?

A

Dismissing a worker because she is pregnant - known as discrimination.

18
Q

What does the Equality Act of 2010 do?

A

Protects employees from being treated differently or unfairly at work (discrimination).

19
Q

What is discrimination?

A

When a person or a group of people are treated differently for no just reason.

20
Q

What factors may cause discrimination? (9)

A
  • Age
  • Sex
  • Religion
  • Race
  • Sexual orientation
  • Gender reassignment
  • Martial status
  • Pregnancy
  • Disability
21
Q

Who does the Equality Act of 2010 apply to? (2)

A
  • Candidates at all stages of recruitment and selection process
  • Workers already in a job
22
Q

Whose role is it to enforce the Equality Act of 2010’s law?

A

The Equality Commission

23
Q

What is the Equality Commission? (4)

A

A public body that investigates allegations of discrimination and advises policy maker, employers and employees on matters relating to equal opportunities.

24
Q

What is equal pay?

A

Men and women in the same employment performing equal work should receive equal pay.

25
Q

What is a minimum wage?

A

Minimum amount that an employee can get paid

26
Q

In the UK, who does the National Living Wage apply to?

A

Workers aged 25 and over

27
Q

In the UK, when does the National Living Wage increase?

A

Every April

28
Q

In the UK, what is the National Living Wage in April 2018?

A

£7.83 per hour

29
Q

In the UK, who does the National Minimum Wage apply to?

A

Workers over school leaving age but under 25

30
Q

What is the minimum wage for workers of different ages in 2018? (3)

A

Under 18 = £4.20
18-20 = £5.90
21-24 = £7.38

31
Q

What is the minimum wage for some apprentice in April 2018?

A

£3.70

32
Q

What are employers obliged to follow and what does this cause to happen to their businesses?

A

The National Minimum Wage and the National Living Wage; this means as the rate increases, the business’s cost increases.

33
Q

What does an increase in business costs due to National Living/Minimum Wage result businesses to do?

A

Raise the cost of their products so the profit levels remain the same

34
Q

What may employers do when there is a higher minimum wage? (2)

A
  • Be reluctant towards hiring new workers
  • Downsize the business by making current workers reductant
35
Q

What may businesses do to reduce costs?

A

Larger, multinational businesses may relocate their businesses to areas where there is a lower minimum wage

36
Q

What does a minimum wage ensure for workers?

A

That they have an income to provide for their basic needs

37
Q

What are the advantages of having a minimum wage? (2)

A
  • 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
38
Q

What can happen to employers when they are found to be paying under the minimum wage and how may this effect certain businesses?

A

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.