Unit 201 Employment Right and Responsibilities in the Energy and Utility Sector

7517 Certificate in the Principles of Sustainable Resource Management Level 2

Portfolio of Evidence/completion of workbook

Aims and outcomesCover the topics of:

Employment Rights and ResponsibilitiesIn-organisation policies and proceduresThe waste and recycling industry and career opportunities

within the sector

The primary aim of this pack is to support learners successful completion of the Technical Certificate assessment Unit in Employment Rights and responsibilities.

Session ObjectivesOn completion of this session you should be able to:

Outline the basic detail of legislation relating to employment law

Outline the key aims of employment legislation in protecting the rights of employees at work

Describe the main aims of legislation providing protection against discrimination at work.

Employment Legislation – Main Items

The following are the primary items of legislation relating to employment:

The Employment Rights Act 1996 The Employment Relations Act 2004 (updated from

1999 Act) The Employment Act 2008

Employment Rights Act 1996The primary aim of the Act are to provide basic employment

protection for workers. The main areas covered relate to:

Wages rules- Establishes minimum procedures for making wages payments- Makes unauthorised wage deductions illegal- Requires employer to make a ‘guaranteed payment’, even when the employer cannot find work - Establishes specific requirements for Sunday working - Requires the employer to provide a statement of employment

(formally known as a contract of employment)

Employment Rights Act 1996 (continued) Time off work

Flexible working

Entitles employees to paid holiday leave from commencement of employment

Entitles employees to have time off that may be owed to personal needs such as ante-natal care, training, or public duties.

Provides overarching guidance on the requirements for statutory maternity and

paternity leave Dismissal and redundancy

Lays down requirements that companies must adopt related to dismissal procedures

Provides the right to receive fair compensation in relation to cases of unfair dismissal from work

Provides the requirement for an employer to make payment in respect of redundancy

Employment Rights Act 1996 (continued)Dispute resolution Lays down a requirement for a company to have

a fair disciplinary and grievance procedureProvides the right for an employee to refer an

employment dispute related to employment, dismissal etc. to an employment tribunal

Employment Relations Act 2004Key points covered in this Act include:

• Trade union recognition (dependent on company size)• Industrial action ballots – procedures that must be adopted by unions• Unfair dismissal of strikers• Flexible working• Time off for dependants – caring arrangements for close relatives• Employment tribunal awards – maximum levels, type of award• The right to be accompanied in disciplinary and grievance hearings• Part-time work – equality with full time work in terms of pay, work

conditions, holidays etc.

Employment Act 2008Key points covered include:

• Resolving Disputes in the workplace • National minimum wage and employment agency

standards enforcement• Voluntary workers• Trade union membership

Equal Pay ActThe Act establishes requirements for equal

pay for both men and women in the same establishment.

The method of determining whether pay is equal is based on a review of job content, not the job title or name.

Data Protection ActThe Act lays down requirements related to keeping data about

individuals, including workers, on company files.

The Act requires companies keeping certain types of data to be registered with the Information Commissioner’s Office.

The Act lays down key requirements of storing data. It establishes an 8-point rule requiring that personal information should be:

- Fairly and lawfully processed - Processed for limited purposes - Adequate, relevant and not excessive- Accurate- Not kept longer than necessary- Processed in accordance with your rights- Kept secure - Not transferred abroad without adequate protection

National Minimum Wage ActThe Act DOES apply to:

Full-time workersPart-time workersCasual labourersAgency workersPiece workers, including

homeworkers

The Act DOES NOT apply to:

The genuinely self-employedVoluntary workersWorkers who are based

permanently outside the UKApprentices under 19 years of

ageApprentices over 19 years of

age in their first year of training

National Minimum Wage Act (continued)Act became law in 1999Payment based on recommendations of the Low Pay

Commission Four rates of pay that may be applicable:

The main NMW rate applies to workers aged 21 and over The NMW development rate applies to 18- to 20-year-olds The third NMW rate applies to under 18 year olds Apprentices who are 16-18 or 19 or over in their first year

In your designated groups, research, discuss and answer the following questions. 1 What are the two main reasons that an employer may

consider making an employee redundant?2 What is the primary piece of legislation that requires an

employer to provide a Statement of Employment Terms & Conditions?

3 If you have an in-company dispute with your employer, or you feel you have been unfairly dismissed, what arrangements are in place to establish that your case has been handled fairly by your employer? To whom should you refer the matter?

Employment Rights and Responsibilities Legislation (Part 1)

Recommended sources of reference:ACAS website – www.acas.gov.ukNational archives - Legislation.gov.ukGoogle search – www.google.co.uk

Answers1 What are the two main reasons that an employer may

consider making an employee redundant? • The company ceases, or intends to cease trading• The requirements of the business for the employee to carry

out the work has ceased or diminished

2 What is the primary piece of legislation requiring an employer to provide a Statement of Employment Terms & Conditions?

Employment Rights Act 1996

• If you have an in-company dispute with your employer, or you feel you have been unfairly dismissed, what arrangements are in place to establish that your case has been handled fairly by your employer? To whom should you refer the matter?

• The matter could be referred to conciliation through an organisation such as ACAS who mediate between both parties

• The matter could be referred independently to an Employment Tribunal who will independently review the claim

• Industrial tribunals should be referred to the tribunal services – www.employmenttribunals.gov.uk

Answers (continued)

Equality Act 2010Replaces:

most of Disability Discrimination Act (DDA)Race Relations ActSex Discrimination ActEmployment Equality Act (Religion & Belief, Sexual

orientation, Age)

What do we mean by Equality?Everyone having the same chance

Treating people fairly

Equal opportunity to apply for jobs, promotion etc

Reducing obstacles or barriers to services

Creating environment that encourage inclusivity

What do we mean by diversity?Mix of different kinds of people

AgeSexRaceDisabilityReligionWelcoming, embracing and encouraging the differences

between individualsConcerned with inclusion, dignity and respecting difference

Equality & DiversityEveryone has certain legal rights regardless of:

AgeSexDisabilityRaceReligion or beliefSexual orientationGender reassignmentMarriage/civil partnershipPregnancy and maternity

Equality & Diversity PolicyEach organisation should promote equality and value diversity

by treating people fairly and give everyone with the right skills the same chances to compete for jobs or promotion.

Access to trainingEqual opportunity in applying for postsEncourage a diversity of the population to apply for roles

QuestionWhy do you think using a clearly published E & D Policy can support the success of a business?

It makes good senseShows a commitment to promoting Equality & DiversityGood advert for the organisation for

Employees & potential employeesStakeholders & customers

Attract a wide range of peopleBenefits staff, clients and customers

Demonstrates a commitment to employees with aims and goals, lines of responsibility on reporting discrimination and grievances.

Session Objectives

On completion of this session you should be able to:

Outline the purpose of the statement of employment and supporting handbooks

Outline the range of procedures contained in the statement of employment and the typical employment arrangements that must be put in place by companies to comply with employment law requirements.

Statements of Employment• A statement of employment must be provided to an employee within two

months of starting work if the employment lasts for longer than one month.• A statement of employment must include:

– the name of your employer and your name– the date your employment started– your job title and a summary of your duties– the period of employment, stating whether it is a permanent position– the place of work– how much you will be paid, how often, and the method of payment; it should also include

information such as travel allowances and any deductions from pay– hours of work– holiday entitlement– procedures for dealing with absence from work through illness, or for other reasons, and how

to notify the employer if absent– details of pension scheme if applicable– details of how to terminate employment (for example, length of notice required by both you

and your employer)– disciplinary rules and procedures (these are usually contained in a separate document such as

a staff handbook)– grievance procedures (which again could be contained in a staff handbook)

Entitlement to Paid Leave Entitlement to paid holiday leave starts from the commencement of a job.

The entitlement is 5.6 weeks (28 days) for someone working a 5 day week (12.07%) Compressed or casual work may be calculated differently

Your employer may include public holidays as part of the annual leave entitlement and may set the times when you take holidays, such as during the Christmas shutdown.

If your employment ends and you have leave due, you have a right to be paid for the leave time due and not taken.

Time off work may also be permitted to carry out other duties, such as:- Dealing with emergencies involving dependents (close family)- Jury service- Trade union duties.

These items are normally on an unpaid basis unless referred to otherwise in your employment statement. Jury Service attracts an allowance from the Courts.

Working Hours Legal requirements for working hours are laid down in the

Working Time Regulations.Workers aged 18 or over cannot be forced to work for more

than 48 hours a week on average. Most workers can agree in writing to work longer than the

48-hour limit. The agreement must be signed by the worker. The worker can, with notice, then opt-out of this agreement at a later date.

Young workers under age 18 are restricted to a maximum working week of 40 hours, and each working day must be no longer than 8 hours.

Termination of EmploymentAn employer must provide fair and reasonable grounds for

dismissal.If you have been in employment for 12 months or more, then a

claim of unfair dismissal can be made to an employment tribunal if the grounds are deemed to be unfair.

There are exceptions in relation to the 12 month period, for example a case of unfair dismissal on the grounds of discrimination can be brought at any time.

The notice period for a dismissal should be a minimum according to the following:- one week if employed between one month and two years- an additional week’s notice for every continuous year of

employment between two and twelve years- minimum twelve weeks notice if in continuous

employment for 12 years or more.

In-company employment policies and procedures

1 What procedure should be used by a company to deal with issues related to poor work performance?

2 Is it acceptable for an employer to just give you a letter advising of your instant dismissal?

3 What is the minimum period of notice that must be provided to an employee who has 8 years of service with a company?

Recommended sources of reference:Direct.gov.ukACAS website – www.acas.gov.ukGoogle search – www.google.co.uk

1 What procedure should be used by a company to deal with issues related to poor work performance?

The disciplinary procedure

2 Is it acceptable for an employer to just give you a letter advising of your instant dismissal?

No. ● A letter must be provided stating that the disciplinary action under the disciplinary

procedure is taking place, including the grounds for the disciplinary action. ● A hearing must be arranged at which the employee has the right to be accompanied by

a fellow colleague or trade union official in order that they can state their case against the claims that have been made.

● A decision on any action under the disciplinary procedure is then forwarded to the employee, and a right of appeal must also be provided.

Activity – Answers

3What is the minimum period of notice that must be provided to an employee who has 8 years of service with a company?

Answer: One week for the first 2 years of service plus an additional week for the remaining years of service over two years comes to a total of 7 weeks notice

Activity – Answers (continued)

Wages An employer is required by law to provide an itemised payslip showing the

following:- the gross wages earned before deductions- the amounts of and reasons for any deductions, for example national

insurance- the net or ‘take home’ pay.

An employer is legally required to keep records of the payments made, including any deductions.

The rate of pay in smaller companies is often negotiated between employer and employee. The minimum rate of pay must be in line with the National Minimum Wage.

In larger companies, pay rates and working conditions may be determined collectively between an employer and a trade union.

Sick PayProcedures for reporting in sick are normally laid out in the

statement of employment or staff handbook. In most cases you will be required to submit a self certificate of

sickness for periods of up to 7 days.Sickness periods over 7 days normally require a medical

certificate provided by a GP.Your employer will expect you to notify him/her of your

inability to work due to sickness as soon as possible and to keep them updated on progress if the sickness period becomes longer term.

If you are off sick for 4 consecutive days or more (assuming a doctor’s certificate is provided) you are entitled to Statutory Sick Pay (SSP).

SSP is paid by the employer in the same way that wages are paid.

RedundancyEmployees employed over two years have the right to a

lump-sum 'redundancy payment' if they are dismissed because of redundancy.

The amount of redundancy pay is related to the employee's age, length of continuous service with the employer and weekly pay up to a maximum.

The employer must provide a written statement showing how the payment has been calculated, at or before the time it is paid.

RedundancyYou are not entitled to a statutory redundancy

payment if your employer either:offers to keep you onoffers you suitable alternative work which you refuse

without good reasonIf you leave your job for a new one before the end of

your notice period, your statutory payment might also be affected.

RedundancyIf your employer has selected you for redundancy you must

be given a notice period before your employment ends. The statutory redundancy notice periods are:

at least one week’s notice if you have been employed between one month and two years

one week’s notice for each year if employed between two and 12 years

12 weeks’ notice if employed for 12 years or moreHowever, you should also check your contract of

employment because your employer could have set out longer notice periods.

Maternity/PregnancyPregnant employees have four key rights:paid time off for antenatal carematernity leavematernity pay benefitsprotection against unfair treatment or dismissalEmployers also have certain obligations to ensure the

health and safety of pregnant employees

Fathers-to-beFathers do not have a legal right to time off to accompany

their partners to antenatal appointments as the right to paid time off only applies to pregnant employees. However, many companies recognise how important a time this is and let their employees either take paid time off or make up the time later.

Maternity LeaveAll pregnant employees are entitled to paid time off for

antenatal care.All pregnant employees are entitled to 52 weeks of

maternity leave – 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave.

Pregnant employees who meet qualifying conditions based on their length of service and average earnings are entitled to up to 39 weeks of Statutory Maternity Pay (SMP).

Women who are not entitled to SMP but meet qualifying conditions based on their recent employment and earnings may claim up to 39 weeks of Maternity Allowance, paid directly by Jobcentre Plus.

Maternity Leave (continued)Employers may make reasonable contact with a woman on

maternity leave for a number of reasons, such as to discuss arrangements for her return to work.

Employees may take up to ten ‘Keeping in Touch Days’ during their maternity leave by agreement with the employer, which allows them work under their contract of employment.

Employees who wish to return to work either earlier or later than agreed with the employer should provide eight weeks’ notice, unless the employer agrees to less notice being given.

Employees normally have a right to return to the same job after maternity leave.

Paternity LeaveEmployees must satisfy the following conditions in order to qualify for

paternity leave. They must:- have or expect to have responsibility for the child’s upbringing - be the biological father of the child or the mother’s husband or partner - have worked continuously for their employer for 26 weeks

ending with the 15th week before the baby is due.Employers can ask their employees to provide a self-certificate. Eligible employees can choose to take either one week or two

consecutive weeks of paternity leave (not odd days). Only one period of leave is available to employees regardless of

whether more than one child is born as the result of the same pregnancy.

Additional paternity leave and pay may also be available

Paternity Leave (continued)Paternity leave can start:

- from the date of the child’s birth, whether this is earlier or later than expected

- from a chosen number of days or weeks after the date of the child’s birth (whether this is earlier or later than expected), or- from a chosen date later than the first day of the week in which the baby is expected to be born. Leave can start on any day of the week on or following the child’s birth but must be completed in two weeks. Other conditions may apply.

During their paternity leave, most employees are entitled to Statutory Paternity Pay (SPP) from their employers.

Statutory Paternity Pay is paid by employers for either one or two consecutive weeks as the employee has chosen.

PensionsAny occupational pension provision eligible to you will

be laid down in your statement of employment.If a company scheme is not available to you, then

- State pension arrangements apply - As a minimum, organisations employing five or more people are obliged to offer access to a stakeholder pension scheme if they do not already offer pension provision.

In-company employment policies and procedures (Part 2)

1 An employer provides your wages in cash every week with no supporting paperwork. Is this acceptable?

2 What are the qualifying requirements for Maternity Allowance from the Benefits Agency for maternity leave associated with recent employment?Recommended sources of reference:

ACAS website – www.acas.gov.uk UNITE (union website) – www.amicustheunion.org.uk Direct.gov.uk Google search – www.google.co.uk

Answers1 An employer provides your wages in cash every week with no

supporting paperwork. Is this acceptable?No. Employment legislation requires that an itemised payslip is provided detailing any deductions made.

2 What are the qualifying requirements for Maternity Allowance from the Benefits Agency for maternity leave associated with recent employment?Employment or self-employment for 26 weeks out of the 66 weeks before the expected week of childbirth and average weekly earnings of at least £30

Within your place of work there may be potential safety hazards and risks that could cause an accident, injury, damage, for which you may be liable.

Hazards and risks could be connected to:

Machinery and equipment Unsafe working Breakages and spillages Environmental factors

Health and safety at work act 1974What you need to know

All workers have a right to work in places where risks to their health and safety are properly controlled. Health and safety is about stopping you getting hurt at work or ill through work. Your employer is responsible for health and safety, but you must help.

Health and safety at work act 1974

By 2014

50

Health and safety at work act 1974What employers must do for you

Decide what could harm you in your job and the precautions to stop it. This is part of risk assessment.

In a way you can understand, explain how risks will be controlled and tell you who is responsible for this.

Consult and work with you and your health and safety representatives in protecting everyone from harm in the workplace.

Free of charge, give you the health and safety training you need to do your job.

Free of charge, provide you with any equipment and protective clothing you need, and ensure it is properly looked after.

Health and safety at work act 1974What you must do as an employeeFollow the training you have received when using any

work items your employer has given you.Take reasonable care of your own and other people’s

health and safety. Co-operate with your employer on health and safety. Tell someone (your employer, supervisor, or health and

safety representative) if you think the work or inadequate precautions are putting anyone’s health and safety at serious risk.

Identify representative bodies for the industry Sector Skills Council Regulatory bodies industry specific organisations

career options within the industry

Session Objectives

Sector Skills councils (SSC’s)Formerly known as National Training Organisationsindependent, employer-led, UK–wide organisationsSSCs and the UK Commission are committed to working

in partnership across the four nations to create the conditions for increased employer investment in skills which will drive enterprise and create jobs and sustainable economic growth

They share a belief that the sectoral approach is the most effective way to do this

25 SSCs covering over 90% of the economy

Energy & Utility Skills (EU Skills) is the Sector Skills Council (SSC) for:

GasPowerWaste management Water industries

Employer-led, their purpose is to ensure that our industry has the skills they need now and in the future

Core activities within the industry are:Waste collection and transportTransfer stations and household waste and recycling

centresEnergy from waste (including thermal recovery

processes and anaerobic digestion)Recycling, processing and specialist operationsLandfill

ciwm.co.ukThe Chartered Institution of Wastes Management

(CIWM), is the professional body which represents waste professionals working in the sustainable waste and resource management sectors worldwide

wrap.org.ukWaste and Resources Action ProgrammePriorities:

To help the UK Governments to meet their national and international commitments and build the green economy; and

to support resource efficiency in the UK so that householders, businesses and the public sector save money and make better use of resources.

wrap.org.ukWRAP has been instrumental in:helping the UK recycling and reprocessing sector to

quadruple in size between 2000 and 2008;diverting 670,000 tonnes of food from landfill, saving

consumers over £600 million a year;stopping the growth in household packaging waste; and

developing a world-first technology for the closed-loop recycling of plastic bottles, which has led to the creation of a new market for recycled plastics in the UK.

Larac.org.uk

Local Authority Recycling Advisory Committee

Represent local authorities on waste and recycling issues

lobby key opinion formers and policy makers

DefraThe Department for Environment, Food and Rural

Affairs (Defra) is a government department in the UKMake policy and legislation, and work with others to

deliver our policies in - areas such as:the natural environment, biodiversity, plants and

animalssustainable development and the green economyenvironmental protection and pollution controlrural communities and issues.

Career paths Waste Collection Driver/ Loader Recyclables Collection Driver/ Loader Weighbridge Operative Compost Operative Materials Recovery Facility (MRF)

Operative Household Waste Recycling Centres

(HWRCs) Operative Recycling Operative - Reception and

Segregation Processing or a Waste Electrical and

ElectronicEquipment (WEEE) processing pathway

Manual/ Mechanical Street Cleanser Team Leader

Recycling Collection Supervisor Refuse Collection Supervisor Transfer Station Supervisor Treatment (Physical/ Chemical/ Thermal)

Supervisor Biological Treatment Supervisor Materials Recovery Facility (MRF)

Supervisor Landfill Supervisor Sustainability Officer

Goals for next sessionEmployee Rights and Responsibilities

Complete workbookAdd evidence covering topics coveredResearch organisations policies and procedures

Look at the Personal Learning and Thinking Skills logbook