Module 2 Flashcards

1
Q

What are workers entitled to?

A

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

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2
Q

What are workers not entitled to?

A

Minimum notice period where the contract ends

Protection against unfair dismissal

The right to request flexible working

Paid time off for emergencies

Statutory redundancy

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3
Q

Rights and responsibilities of an employee

A

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

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4
Q

Employee status features

A

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

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5
Q

What is a written statement of employment particulars

A

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

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6
Q

What is custom and practice

A

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

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7
Q

Inside outside IR35

A

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

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8
Q

What is the purpose of a policy

A

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

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9
Q

What is the purpose of a procedure

A

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

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10
Q

What are employment tribunals

A

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
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11
Q

Why is it important to work within organisational principles and codes of practice

A

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

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