Essentials of Employment Law Part 1

1
Essentials of Employment Law Part 1

• Employment Status
• Recruitment
• Terms and Conditions
• Statutory or Contractual Terms
• Contracts and documentation
• Different types of contract
• Questions

2
Employment Status

• Who gets to employment rights?
• Employees and workers
• Contract of Employment
• Contract for Services
• Agency Workers
• HMRC Employment Status Indicator Tool

3
Employment Relationship Terms

• Equal Treatment
• Discrimination
• Reasonableness
• Legitimate Aim
• Procedural Fairness
• Breach of Contract
• Objective Justification

4
Recruitment

• Avoid Discrimination
• Defence GOQ
• Equal Opportunities Monitoring
• Training for those involved
• Pre-employment checks

5
Recruitment

• References
• Medicals
• Rehabilitation of Offenders
• Police Checks
• Migrant Workers
• Contractual documentation

6
Recruitment

• Immigration, Asylum Nationality Act 2006
• 29th February 2008
• More difficult for illegal workers
• Easier for employers to ensure workers are legal
• Tougher penalties for employers

7
Recruitment

• Maximum fine 10,000 per illegal worker
• Knowingly employing illegal worker is a criminal
  offence
• Maximum two years imprisonment
• Border Immigration Agency guidance

8
Contracts of Employment

• Offer and Acceptance
• Individual Terms
• Collective Terms
• Staff Handbooks
• Company Rules
• Written Statement of Employment Particulars

9
Written Statement

• One month employment
• Within 2 month of starting
• Principal Statement
• Instalments
• Changes in particulars
• Business Transfers TUPE
• Example

10
Various types of contract

• Part time
• Job Share
• Fixed Term
• Temporary
• Annual hours
• Term time
• Casual

11
Fixed Term Contract

• Definition
• A person with a contract of employment, due to
  end when a specified date is reached, a specified
  event does or does not happen, or a specified
  task has been completed

12
Fixed Term Contract

• Summer camps
• Busy Christmas periods
• Maternity cover
• Specific projects
• Long term sick leave
• Normally able to time limit
• Excludes Agency Workers

13
Fixed Term Contract

• Right not to be treated less favourably - unless
  different treatment can be justified
• Terms and conditions the same
• Benefits the same
• Access to training the same
• Not disadvantaged in any way

14
Fixed Term Contract

• Objective Justification is there a good reason
  for treating this employee less favourably
• Justified if it is appropriate and necessary to
  achieve a legitimate aim or objective
• Consider pro-rata benefits

15
Fixed Term Contract

• If contract not renewed then person dismissed
• Reason may be redundancy
• Right to statutory redundancy payments
• Cannot be selected for redundancy purely because
  of their contract
• Receive same level of benefit

16
Fixed Term Contract

• Successive contracts limited
• Designed to prevent abuse
• Four years or more becomes permanent
• Service prior to July 2002 excluded
• Renewal beyond 4 years ok if justified