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