employment law in the workplace
TRANSCRIPT
Employment Law in the WorkplaceKaty Morgan Smith
Askews Legal
History of employment
Employment law - Invented in the 1960s1963 “it may be correct to regard the importance of the law in relation to employment law as minimal”
1965 Redundancy
Payments Act
Contracts of Employment
Act 1963
1970 Equal Pay
Act
1971 Industrial Relations
Act
1975 Sex Discrimination
Act
Anti-discrimination law
Current landscapeEmployment Rights Act 1996
Employment Tribunal
ACAS
Equality Act 2010
Transfer of Undertakings (Protection of Employment)
Whistleblowing
Protection for part-time, fixed-term, agency workers
Tribunal fees (£160-£950)
£74,000 cap
The Employment Relationship
Agreed terms Fair treatment
Trust and confidence Protection and security
A personal contract to perform work or
labour
Employees and workersEmployees only Employees and workers
Unfair dismissal (2 years) National Minimum Wage
Redundancy (2 years) Max 48 hour working week
Right to minimum notice of termination Right to holidays and breaks under WTR
SMP, SPP Right to be accompanied at disciplinary hearings
Implied terms – eg trust and confidence Protection for part-time workers
How can you tell if you are an employee or a worker?CONTROL TESTWho is in charge?
How much control is exerted?
MUTUALITY OF OBLIGATIONS TESTThere have to be duties on both sides –one side to provide work, the other side to perform the work
Hires own staff
Degree of control exercised
Degree of financial risk
Provides own equipment
Responsibility for investment and management
Opportunity to make a profit
Intention of the parties
Business-like set-up
Continuity of person
performing the services
Other clientsDegree of
integration into the business
Able to send substitute
uniform
An employeeo An obligation to provide work personally
o Mutuality of obligation between employer and employee
o An element of control by the person regarded as the employer
Working as a freelancer – the good
• Broad range of experience• Pick and choose when to work• Choose what work to do • Flexible working hours• Freedom
The bado Stress
o Can’t say no
o Conflicting priorities / deadlines
o Never switch off
And the uglyo No employment rightso No job security
o No sick pay
o No paid holiday
o No right to claim unfair dismissal
o No right to a redundancy payment
o No SMP,SPP etc
Working as a freelancerMake sure you have terms and conditions governing the relationship between you and the end user:
notice required to end the arrangements
payment of invoices
right to send a substitute
A basic contract of employmentS1 Employment Rights Act 1996
An employer must send a written statement of terms of conditions within 2 months of commencement of employment
Information required by s1ERA1996Name of employer and employee
Date employment began and date of continuous employment
Place of work
Job title or job description
Scale/rate of pay, intervals/date/method
Notice periods
Holiday entitlement (inlc BHs)
Overtime
Pensions
Working abroad
Collective agreements
Disciplinary & Grievance procedures
Other information
The offer letter
The contract of employment
The staff handbookOther places where you might find information about the terms and conditions of your employment
Unfair dismissalTwo years’service
Potentially fair reasons for dismissalConduct
Capability
Illegality
Redundancy
Retirement
Some Other Substantial Reason
Conduct
Behaviour
Warnings
Usually on notice
Gross misconduct = one-off, summary dismissal, no notice, immediate effect
Capability
Performance
Competence
Qualifications
Not summary dismissal
Opportunity to improve
Review
Targets set
Illegality Retirement
EMPLOYEE CANNOT CONTINUE IN ROLE DUE TO A LEGAL REQUIREMENT
- TEACHER MUST HAVE CRB
- TAXI DRIVER NEEDS DRIVING LICENCE
NATIONAL DEFAULT RETIREMENT AGE = 65
Redundancy
Company closes
Branch closes
Type of work changes
Place of work changes
Some other substantial reason
A mop up
There might be any number of reasons why employment just can’t continue
Breakdown in relationships is the most common
ProcedureLetter setting out the reason for the meeting
Hearing
Appropriate place
Right to be accompanied
Employment Tribunals
Big decline in cases broughtFeesA issue £160
hearing £230B issue £250hearing £950
ACAS early conciliation