Protection offered by Protection offered by employment and equal employment and equal opportunities legislationopportunities legislation

OCR DiplomaOCR Diploma

All employees have 2 types of rights at All employees have 2 types of rights at work.work.

Statutory rights Statutory rights Contractual rightsContractual rights

Statutory rightsStatutory rights

These are the legal rights of everyone in These are the legal rights of everyone in the country.the country.

No employer can take these away or No employer can take these away or reduce them.reduce them.

These includeThese include Your rights to be protected against being Your rights to be protected against being

dismissed unfairlydismissed unfairly Your rights to be treated fairly and not to Your rights to be treated fairly and not to

be discriminated againstbe discriminated against Your rights to receive equal pay, if you are Your rights to receive equal pay, if you are

doing equivalent workdoing equivalent work

Contractual rightsContractual rights

These can only give you more rights, not These can only give you more rights, not fewer.fewer.

Protection against unfair dismissalProtection against unfair dismissal

Many organisations have 2 types of Many organisations have 2 types of procedures in place:procedures in place:

Grievance proceduresGrievance procedures enable employees enable employees to complain about the way they are treatedto complain about the way they are treated

Disciplinary proceduresDisciplinary procedures enable enable employers to take action about the way employers to take action about the way employees behaveemployees behave

These procedures help to give workers These procedures help to give workers protection against being treated unfairly protection against being treated unfairly because:because:

Staff know what to do if they have a Staff know what to do if they have a problemproblem

Staff concerns and complaints are Staff concerns and complaints are investigated fully by the appropriate investigated fully by the appropriate manager and outcomes are recordedmanager and outcomes are recorded

Staff can obtain help and advice from a Staff can obtain help and advice from a staff representative or trade union official staff representative or trade union official who can accompany them at any formal who can accompany them at any formal meetingmeeting

All managers know the action they should All managers know the action they should take in a situationtake in a situation

All staff are treated in the same wayAll staff are treated in the same way

Grievance proceduresGrievance procedures

Most concerns and complaints made by Most concerns and complaints made by staff are dealt with rapidly and informally. staff are dealt with rapidly and informally. Occasionally, however, there may be a Occasionally, however, there may be a serious issue relating to the way an serious issue relating to the way an employee is treated which cannot be employee is treated which cannot be resolved in this way. In this case the resolved in this way. In this case the employee may use the official grievance employee may use the official grievance procedures. These are usually in 3 procedures. These are usually in 3 stages:stages:

The complaint is investigated within the The complaint is investigated within the department.department.

The employee may be accompanied by The employee may be accompanied by another person eg colleague or union rep.another person eg colleague or union rep.

The employee’s manager has to give a The employee’s manager has to give a response to the grievance.response to the grievance.

This may be the end of the matter.This may be the end of the matter.

The complaint is pursued outside the The complaint is pursued outside the department.department.

If the problem is not resolved then a more If the problem is not resolved then a more senior manager will consider the evidence senior manager will consider the evidence and make a decision.and make a decision.

The complaint is pursued outside the The complaint is pursued outside the organisation. Some companies allow for a organisation. Some companies allow for a further interview to be held with an outside further interview to be held with an outside 33rdrd party who will make a recommendation. party who will make a recommendation.

Disciplinary proceduresDisciplinary procedures

In this case, the employer has a complaint In this case, the employer has a complaint about the employee. There are normally 3 about the employee. There are normally 3 or 4 stages:or 4 stages:

A verbal warning is issued for a first or A verbal warning is issued for a first or minor offence. minor offence.

It must be made clear to the employee that It must be made clear to the employee that this is an official warning and not a friendly this is an official warning and not a friendly chat.chat.

A written warning is issued for a serious A written warning is issued for a serious offence or a repeated minor offence.offence or a repeated minor offence.

A final warning will be issued if the A final warning will be issued if the employee has previously received a employee has previously received a written warning and repeats the offence or written warning and repeats the offence or commits a further offence within a specific commits a further offence within a specific period. period.

This warning can be issued straight away This warning can be issued straight away if the offence is serious.if the offence is serious.

The employee can be suspended, The employee can be suspended, demoted, transferred or dismissed if the demoted, transferred or dismissed if the offence is very serious or continually offence is very serious or continually repeated.repeated.

A very serious offence is often called A very serious offence is often called gross misconductgross misconduct..

The employee may be instantly dismissed The employee may be instantly dismissed (sacked)(sacked)

Grounds for dismissalGrounds for dismissal

StealingStealing Being drunk or taking drugsBeing drunk or taking drugs Fighting on company premisesFighting on company premises Wilful disregard of H&S instructionsWilful disregard of H&S instructions Smoking in unauthorised areasSmoking in unauthorised areas Falsifying accountsFalsifying accounts Persistent absenteeismPersistent absenteeism Abusing the computer system – emails etcAbusing the computer system – emails etc

Legal reasons for dismissalLegal reasons for dismissal

Fair dismissalFair dismissal - where an employee is sacked for a valid - where an employee is sacked for a valid

reason - examplesreason - examples - an employee has breached his contract- an employee has breached his contract - there is no work – made redundant- there is no work – made redundant - the employee has lied about his - the employee has lied about his

qualificationsqualifications

Equal Opportunities and Equal Opportunities and discriminationdiscrimination

Most organisations have an Equal Opps policy Most organisations have an Equal Opps policy which states that they do not discriminate which states that they do not discriminate against anyone on grounds of against anyone on grounds of

ColourColour RaceRace NationalityNationality Ethnic or national originEthnic or national origin SexSex Being marriedBeing married DisabilityDisability

Other main statutory rightsOther main statutory rights

The right to be paid a salary at or above The right to be paid a salary at or above the minimum wage rate if you are over 18.the minimum wage rate if you are over 18.

The right not to be forced to work more The right not to be forced to work more than 48 hours a week, averaged over a 17 than 48 hours a week, averaged over a 17 week period.week period.

Not be asked to work more than 40 hours Not be asked to work more than 40 hours a weeka week

Not to do night work if you are 16-18 yrsNot to do night work if you are 16-18 yrs

The right to receive redundancy payThe right to receive redundancy pay The right to apply to work flexibly if you have a The right to apply to work flexibly if you have a

child under 6child under 6 The right to see computer records about you or The right to see computer records about you or

paper files which contain your personal details. paper files which contain your personal details. Your employer can make a small charge for this.Your employer can make a small charge for this.

The right to be given reasonable time off to The right to be given reasonable time off to study or train for a qualification up to NVQ2 if study or train for a qualification up to NVQ2 if you are 16 or 17 and working.you are 16 or 17 and working.

ActivityActivity

Page 303Page 303 Write brief notes on:-Write brief notes on:-

The Laws against discriminationThe Laws against discrimination

What is meant by What is meant by

a)a) HarassmentHarassment

b)b) VictimisationVictimisation

Activity contActivity cont

Page 304Page 304 Why was the Equal Pay Act 1970 Why was the Equal Pay Act 1970

introduced? What does it ensure?introduced? What does it ensure?