Module 2 Flashcards
What are workers entitled to?
Being paid national minimum wage
Protection against unlawful deductions from wages
Statutory minimum level of paid holiday
Statutory minimum length of rest breaks
Protection from bullying
Statutory maternity and paternity pay
Statutory sick pay
A written statement of employment particulars
What are workers not entitled to?
Minimum notice period where the contract ends
Protection against unfair dismissal
The right to request flexible working
Paid time off for emergencies
Statutory redundancy
Rights and responsibilities of an employee
Written statement of terms of employment
Itemised pay slip
Maternity, paternity and adoption leave
Minimum notice periods where their employment is ending
Protection against unfair dismissal and compensation
The right to request flexible working
Statutory redundancy pay
Written reasons for dismissal
Employee status features
Required to work regularly unless on authorised leave
Required to work a minimum number of hours and expect to be paid for time at work
Manager or supervisor responsible for their workload
Cannot substitute work to another person
Contract, statement of terms and conditions or offer letter uses terms like employee or employer
Only work for that organisation or if they have another job it is completely different
They work at the organisations premises or at an address specified by the organisation
What is a written statement of employment particulars
An employer must give employees a written statement of employment particulars if their contract lasts at least a month or more
This is not an employment contract but it will include the main conditions of employment. The written statement is made up of the main document known as a principal statement and a wider written statement
The employer must provide the principal statement on the first day of employment and the wider written statement within two months of the start of appointment
Principal statement must include at least
The employers name Employees or workers name job title or description of work and start date How much they earn and how often they will be paid Hours and days of work Holiday entitlement Location of work Probationary period and the conditions Any other benefits
Other information that must be given is sick pay and procedures other paid leave and notice periods
The wider written statement must include information about pensions collective agreements any right to non-compulsory training and the disciplinary and grievance procedure
What is custom and practice
Custom and practice is how things are usually done in the workplace for example if the employer always gives the employees a days holiday in August even though this is not mentioned in the written contract this will form part of the contract of employment as it is the usual practice
Inside outside IR35
If you are inside IR35 you are classed as employed i.e. working under supervision direction or control of another party
If you are outside of IR35 you are classed as self-employed
What is the purpose of a policy
Policies are critical to an organisation as they establish formal frameworks and standards. Policies may link to and communicate and organisations mission vision and values
What is the purpose of a procedure
The procedure is a clear step-by-step method for implementing organisations policy or responsibility. Procedures describe a logical sequence of activities or processes that are followed to complete a task or function in a correct and consistent manner
What are employment tribunals
Employment tribunals are legal bodies which deal with complaints about employment rights
A tribunal can deal with claims relating to the following
Written statement of terms and conditions Maternity paternity adoption rights Discrimination Holiday rights Itemised pay statements Unpaid wages and unlawful deductions from wages Health and safety problems Unfair dismissal and redundancy
Why is it important to work within organisational principles and codes of practice
They create a clear framework of values that support and underpin the meaning of an organisation in relation to employees competitors suppliers and customers
Adherence to codes of practice demonstrates an organisation’s commitment to working in a specific professional and ethical manner and is directly linked to the values of the business