employment law – do’s and don’ts by catherine parsons
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EMPLOYMENT LAW – DO’S AND DON’TS
By Catherine Parsons
AGENDA
Employment Status – different types of workers; deciding what is right for your business
Employment myths – the urban myths that you don’t need to worry about
Employee rights – the key points that you do need to be aware of
Offers and Contracts – the documents you will need and what they must include
EMPLOYMENT STATUS
EMPLOYEESFull employment rightsYou control how, where, when they do the workMutual obligation to provide/perform the workThey carry out the work personally
SELF-EMPLOYEDHave a business in their own rightYou are their customerThey invoice you for the work doneNot protected by employment law
EMPLOYMENT STATUS
WORKERSPartial employment rightsAgency workers, some contractors, zero
hours workersAre required to perform the work themselvesDon’t have their own business and may just
work for you at any one time
EMPLOYMENT MYTHS
You need to employ 5 people before affected by employment law
You cannot dismiss someone if they are off sick
You need to be able to PROVE an employee did wrong, before you can take any action
Employment law makes employers powerless
You cannot give an employee a ‘bad’ reference
EMPLOYMENT RIGHTS
CONTRACTEmployees have legal right to receive their
terms of employment in writing – whether called a contract or not
If there is no Contract document – contract still exists, it’s just verbal
If it’s verbal, it’s open to dispute
Contract is the main thing that protects you
EMPLOYMENT RIGHTS
HOLIDAYSEmployees are entitled to paid time off for rest
and recreationCan’t pay people in lieu for it (unless leaving)28 days per year (pro rata part time)Can include bank hols if your business is closed
on those daysYou do have some say in when they take itCan deduct money for any excess holiday taken
when they leave (if in contract)
EMPLOYMENT RIGHTS
SICKNESSStatutory and Company sick payStatutory is fixed by Government - £88.45 per weekUp to 28 weeksKicks in after first 3 days of sickness (whether
working days or not)Employee must follow your rules to notify you of
sicknessCompany sick pay – optional extra benefitYou ‘top up’ SSP to person’s normal payUsually for a set period of time e.g. 5 days per year
EMPLOYMENT RIGHTSWORKING TIME
Sets limit on:how many hours employees can workHow much rest they need to have between working daysTheir breaks during the day
Employees can choose to opt out of some measures
Limit on hours = 48 per week (in 17 week period)Limit applies across however many jobs they haveRest periods – if working more than 6 hrs = 20 min
break11 hours consecutive rest between working daysOne day off in 7 or two in 14 days worked
EMPLOYMENT RIGHTS
FAMILY LEAVE AND PAY
Employees have a ‘day one’ right to time off if having or adopting a child
Time off may or may not be paid – need 6 months’ service for pay
Mother giving birth – qualifies for maternity leave (52 weeks)
Her partner – of either gender – qualifies for paternity leave (2 weeks)
EMPLOYMENT RIGHTSADOPTION
Employee of either gender adopting – main carer qualifies for adoption leave (52 weeks)
His/her partner – of either gender – qualifies for paternity leave (same as if birth)
SHARED PARENTAL LEAVELatest development is the introduction of ‘shared
parental leave’Main carer will start her/his maternity/adoption
leaveBUT - 2 weeks after the child’s arrival….
She/He can switch to Shared leave and divvy up the remainder of the 52 weeks with her/his partner
EMPLOYMENT RIGHTS
SHARED PARENTAL LEAVE
Allows both parents to be off work at the same time or to alternate
Allows them to share the maternity/adoption pay
Also allows them to break the leave into (up to) 3 discontinuous periods until first anniversary of child’s arrival
YIKES!!!:-/
EMPLOYMENT RIGHTS
TIME OFF FOR DEPENDANTS
Allows time off to deal with emergencies relating to a dependant (unpaid)
Dependant is broader than ‘child’, it can be parent, partner, elderly neighbour….
Emergency relates to accident, illness, death, breakdown of care arrangementsBUT
Purpose of time off is to deal with the immediate emergency
Should only be 1-2 days
EMPLOYMENT RIGHTS
UNLAWFUL DISCRIMINATION
Day One right – not just employees, also workers
Discrimination itself is not unlawful
Discrimination is just having a preference
It only becomes unlawful if it is on grounds of a particular Protected Characteristic
EMPLOYMENT RIGHTS
PROTECTED CHARACTERISTICS
Sex (gender)Pregnancy or maternityMarital status (Civil partnership)Sexual orientationGender reassignmentRace (nationality, colour, ethnic origin)Religion or belief (or lack of)AgeDisability
EMPLOYMENT RIGHTSOUR DUTY AS EMPLOYER
We need to make sure no-one is treated less favourably on the grounds of a Protected Characteristic
RECRUITMENTYou are REQUIRED to choose one person and reject
the restThe rejected job applicant could bring claim – not
just employed peopleWhen recruiting – keep a note for yourself, why you
rejected peopleKeep paperwork for up to 6 months after
recruitment
EMPLOYMENT RIGHTS
RECRUITMENT PITFALLS
Pregnant job applicant
Disabled job applicant
Older/younger job applicant than you expected
OFFERS AND CONTRACTS
8 weeks to put main terms in writing
Contract = protection for business
Contracts do not have to be in writing to be binding
Offer + Acceptance = Contract
Verbal contracts leave you open to disputes
Use your Contract as a written job offer
If they want the job – they need to accept all the terms
WRITTEN TERMSNames of parties
Date employment began
If not permanent, date when it will end
Job title and brief job description
Place of work
Wages or salary and intervals will be paid
Hours of work
Holiday entitlement
WRITTEN TERMSSick leave and pay entitlement
Pension entitlement (contracting out certificate)
Entitlement to notice (for both parties)
Details where disciplinary rules are found
Details where grievance procedure can be found
Existence of any collective agreements
Details if will be required to work outside UK for more than one month at a time
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