Essentials of Employment Law Part 2

1
Essentials of Employment Law Part 2

• Review of Part 1 session
• Essentials of Employment Law
• Pensions
• Termination of Employment
• Fair reasons
• Procedures
• Summary and Questions

2
Contracts of Employment

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

3
Written Statement

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

4
Various types of contract

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

5
Essentials of Employment Law

• Discrimination
• Statutory Rights
• Contractual Rights
• Working Time Regulations
• Employment Protection
• Opportunity to state your case

6
Pensions

• Stakeholder Pensions
• Five or more employees
• Employer to facilitate access
• Excludes employees with less than 3 months
  service
• Excludes those below lower earnings limit -
  4,524
• Employer does not need to contribute

7
Termination of Employment

• Various ways of termination
• Dismissal various types
• Notice periods
• 'Garden Leave'
• Failure to renew a FTC deemed to be a dismissal
• Statutory rights for those being dismissed

8
Termination of Employment

• Unfair Dismissal
• Employees
• 1 year continuous service -complaints heard by
  Employment Tribunals
• Reason for it
• Reason specified by legislation
• Fairness of the dismissal
• Statutory Dismissal procedure

9
Termination of Employment - Redundancy

• Dismissal by reason of redundancy
• Definition of Redundancy
• Redundancy Payments
• Age and Length of service
• 2 year qualification condition
• Alternative Employment
• Managing Redundancies
• Consultation
• Selection Criteria

10
Sickness Dismissals

• Capability-a fair reason for dismissal
• 'Procedural' fairness to make the dismissal fair
• Policy on long term sickness along with
  procedures
• Maintain regular communication

11
Sickness Dismissals

• Maintain absence records
• Have trigger points
• Keep the employee fully informed
• Look to avoid dismissal where possible
• Consider alternatives
• Look at procedures followed for other employees
  in same position

12
Sickness Dismissals

• Consider contractual entitlements
• Other benefits available
• Obtain a second opinion
• Access to Medical Records Act
• Consider DDA
• Seek advice on long term ability to do job

13
Sickness Dismissals

• Do not dismiss to avoid cost of offering
  retirement
• Gather as much medical evidence as possible
• Proceed with dismissal procedure
• Make decision
• Allow for appeal

14
Keeping out of Tribunal trouble!

• Make Employment Law a priority
• Train Line Managers
• Encourage good habits -eliminate bad
• Write policies procedures
• Follow them every time
• Review regularly

15
Keeping out of Tribunal trouble

• Misconduct gross misconduct
• Set clear standards
• Communicate rules procedures
• Involve unions /staff representatives
• Always investigate
• Encourage use of the Grievance Procedure

16
Keeping out of Tribunal trouble

• Don't ignore problems
• Act fairly consistently
• Follow statutory procedures
• Document everything keep records
• Always give opportunities to hear the other side
• Have one clear reason for the dismissal