Module 12 Employing People Flashcards
Three types of workers
- Employees
- Workers
- Self-employed
Employee
- Someone who works under a contract of employment
- All employees are workers
- Employees have more rights and responsibilities
Worker
- Any individual who commits to personally perform any work or services for another party, whether by way of a contract or other arrangement
- Not under an employment contract
- Entitled to some rights like national minimum wage, paid annual leave, rest breaks and protection against unlawful discrimination
Self-employed
- They are not performing work under a contract of employment
- A business that uses the skills of self-employed people will actually be a client
Employee Rights
- Statutory Sick Pay
- Protection against unfair dismissal
- Statutory redundancy pay
- Maternity, paternity, adoption and shared parental leave and pay
- The right to request flexible working
- Rights to preferred payments in the event of employer’s insolvency
Workers do not have other benifits
- Time off for emergencies
- Notice periods for termination
- No protection from unfair dismissal
Express terms
Express terms of contract are those which are specifically stated in the contract of employment.
Implied terms
Implied terms of contract are not specifically stated in the contract but are tacitly agreed
Frustration of contract within employment
- Unforeseen event makes it impossible for one or both parties to fulfil the contract
Vitiation of contract within employment
- Factors which will invalidate the contract
- May be due to information being provided that is misrepresented
- Extremley rare
Repudiation of contract within employment
- Breach of contract is sufficiently serious that it renders the contract essentially useless
- Innocent party can terminate the contract
Redundancy
- Redundancies can be either voluntary or non-voluntary
- Rights
- Redundancy pay
- Resonable time off work to look for new job
- Not to be unfairly selected for redundancy
Considerations for fairly selecting staff for redundancy
- Skills, qualifications and aptitude
- Standard of work or performance
- Attendance
- Disciplinary record
If a business is making a certain amount of people redundant within in a time period there are collective consulations rules
- 20 or more people within a 90-day period
- Notify the Redundancy Payments Service before consultation
- Consult with trade union representatives or elected employee
- Provide information to the representatives/staff about the planned redundancies
- Respond to any further reasonable requests for information
- Give any affected staff termination notices detailing the agreed leaving date
- Issue redundancy notices once the consultation process is complete
Special considerations within dispute prevention and resolution
- Eligible employees with 2 years’ service have the right to raise an unfair dismissal claim
- Employees with less than this length of service do not have general protection from unfair dismissal
- Whistleblowing or discrimination are speical circusmstances
The main types of restrictive covenant
- Non-solicitation clauses
- Employee approaching clients of the former employer
- Non-poaching covenants
- Poaching former colleagues
- Non-dealing clauses
- Employee from dealing with former clients
- Non-competition clauses
- Restricts the former employee working in similar employment for a competitor
Restrictive covenants are resonable when?
- Reasonable timescale and geography
- Restriction of more than 6-12 months is difficult to justify
What legislation enforces data protection
Data Protection Act 2018 (“DPA”)
ICO has the power to sanction employers and business including issuing fines of up to?
20 million euros or 4% of annual worldwide turnover whichever is higher
All commerical organisations with a turnover of {…} or more are required to produce an {…}
(When?)
- £36million
- annual slavery and human tracfficking statment.
- Within 6 months of their fiancaical year end
24 and under pay?
National Minimum wage
25 and over
National Living Wage
Apprentices
Entitled to different rates of pay dependent on their age and long they have been an apprentice
Fundamental human rights
- Right to life
- Freedom from slavery and forced labour
- Freedom from torture and inhuman or degrading treatment
- Right to a fair trial
- Freedom of expression
What is and is not legally binding on Human Rights
- United Nations has created a declaration of human rights however, it is not legally binding
- European Convention of Human Rights (EHCR) is legally binding
- The ECHR is enacted into UK legistaltion by the Human Rights Act 1998
What protects the rights of induviduals and equality for all
The Equality Act of 2010
The Equality Act of 2010
- Age
- Race
- Gender
- Sexual orientation
- Religion
- Disability
- Marriage/Civil partnership
- Gender reassignment
- Pregnancy/Maternity
