topic 25 - legislation Flashcards
describe the ways in which failure to follow legislation can impact an organisation
- employee relations can be adversely affected
- employees can become demotivated
- legal action can be taken, which will affect productivity
- the business can be fined
- the business will have a poor public image
describe the equality act 2010
- replaces previous anti-discrimination laws with a single act to make the law simpler and to remove incosistencies.
- the act covers nine protected characterhistics that cannot be used as a reason to treat people unfairly. every person has one or more of the protected characteristics so the act protects everyone against unfair treatment.
- age, disability, gender, race, marriage status, pregnancy and maternity, religion or belief, sexual orientation and gender reassignment.
describe the seven types of discrimination
harassment - this is behaviour that is deemed offensive by the recipient due to a protected characterhistic.
Victimisation – this occurs when someone is treated badly because they have made or supported a grievance.
Direct discrimination – where someone is treated less favourably than another person because of a protected characteristic, e.g. a job advertised as ‘not for males’.
Indirect discrimination – when a rule or policy applies to everyone but disadvantages a person with a protected characteristic, e.g. a promotion being for over 30s.
Associative discrimination – discrimination against someone because they are associated with another person who possesses a protected characteristic.
Discrimination by perception – thinking someone has a characteristic and
discriminating against them.
Harassment by a third party – employers are liable for the harassment of their staff or customers by people they don’t themselves employ, e.g. when
outsourcing part of the business.
describe the national minimum wage act
The National Minimum Wage (NMW) is the minimum pay per hour
most workers under the age of 25 are entitled to by law.
describe the national living wage
The government’s National Living Wage (NLW) is the minimum pay
per hour most workers aged 25 and over are entitled to by law.
describe policies within the national minimum wage act and national living wage
- It is against the law for employers to pay workers less than the NMW or NLW, or to falsify payment records.
- Employers must calculate work-related costs, such as renting tools or cleaning uniforms, and ensure employees are paid above the minimum
wage after these costs are deducted. - This act may conflict with the Equality Act and see a rise in the
employment of young workers to reduce wage costs. - Any increase to the minimum wage by the government will increase the costs to the business and lower profits.
- If an employer doesn’t pay the correct rate, a worker could take out a grievance against their employer.
- If the situation cannot be resolved internally an employee could choose to make a complaint to an Employment Tribunal.
- Alternatively, HMRC can fine the business up to £20,000 per
underpaid employee.
describe the health and safety at work act 1974
It is the duty of every employer to ensure the health, safety and welfare at work of all
employees, for example:
- The provision and maintenance of machinery and equipment so they are safe and without risks to health.
- The provision of training and instruction on safety issues, particularly regarding
dangerous chemicals and equipment.
- Employers should prepare a written statement of their general health and safety
policy and ensure employees are aware of it, including any updates.
Employees’ duties include regarding care of their own and other employees’ health
and safety, such as reporting of incidences or accidents, for example.
describe the offices, shops and railway premises act 1963
This is the original health and safety legislation that sets out more specific laws regarding safety at work, such as cleanliness, overcrowding, temperature, ventilation, lighting, toilet facilities, supply of drinking water, for example.
describe what technology could be used for in MOP
- internet can be used to advertise vacancies online, increasing the number of potential applicants.d
- video-conferencing can be used to interview applicants. This saves time and travel costs but allows body language and facial expressions to be analysed as well as the applicants general appearance to be seen, unlike telephone interviews.
- email can be used to organise training or appraisals, allowing many employees to be contacted at once.
- e-diaries can be used, allowing meetings and appointments to be scheduled more easily. Subordinates can also see their superiors e-diary, and vice versa, so that meetings can be arranged without clashes occurring.
- virtual learning platforms can be used for training purposes.
- ICT, such as laptops and email, can allow employees to work away from the office.
- online testing can be used to test a large number of candidates at once, without the need for travel, and they can be automatically marked.
describe virtual learning
a virtual learning environment is a way to access learning and teaching tools, to help staff gain knowledge and training , through the internet.
advantages of virtual learning
- trainees can access materials from home or while travelling, and at any time of day
- trainees can interact with trainers through video-conferencing or chat facilities
- saves money on sending trainees to courses and on printing training materials.
disadvantages of virtual learning
- some trainees will be more reassured by face-to-face contact
- the virtual learning environment can be costly to set up
- there’s no guarantee that staff will complete all the training in the virtual learning environment
