General Employee representatives may be a Trade Union representative or may be a spokesman under a more unofficial arrangement. In some situations, there are legal obligations to consult staff about developments in which case the consultation may be with the representatives or Trade Union. Representatives are normally elected by the employees they represent. There is […]
Nature The distinction between an employee and an independent contractor can be sometimes difficult to draw. The following deals with genuine “contractors” who provide services on their own account and are not disguised employees. Contractors provide services for a set fee and duration under a contract for services. The form and content of outsourcing contracts […]
TUPE Regulations Employees enjoy certain rights under European law, on the transfer of business. “TUPE” refers to the Transfers of Undertakings Protection of Employment Regulations which give effect to these rights in England and Wales. There are similar regulations in force in Ireland. The TUPE regulations apply where any business or economic activity is transferred […]
Working Hours The average working week cannot exceed 48 hours. The average can be calculated over 17 weeks. Work related training or travel where it is part of the duties and working lunches must be included as average working hours. It is possible for employees to agree in writing to work longer than 48 hours. […]
Maternity Leave All pregnant employees and new mothers (regardless of length of service and hours worked) are entitled to paid time off for anti-natal care, normal sick rights for pregnancy related sickness and 52 weeks maternity leave. General health and safety laws have implications in relation to women who are or have been pregnant, within […]
Various Statutory Records Various pieces of legislation in England and Wales require the keeping of staff records. Records are required to be kept for the following: Hours worked under Working Time Regulations; Pay rates, in order to issue pay statements and meet minimum wages legislation; Tax and national insurance requirements; Holidays to comply with working […]
Anti-discrimination Legislation It is unlawful to discriminate in recruitment or in employment on the basis of sex (including pregnancy and maternity) marital status, partnership status, gender reassignment, disability, race, age, sexual orientation, religion, belief, trade union membership or non-membership or status as full or part-time worker. It is also unlawful to discriminate by association i.e. […]
Procedures It is highly advisable that a business maintains written dismissal, disciplinary and grievance rules and procedures. Failure to have and follow the requisite procedures, increases risks in various contexts, including in particular, in the area of unfair dismissals. An employer is obliged to inform each employee of its disciplinary rules, the disciplinary/dismissal procedures and […]
Gender Discrimination Sex discrimination legislation covers discrimination on the grounds of sex, pregnancy, maternity, marital status, civil partnership status or gender reassignment. A direct discrimination would occur where a woman is dismissed because of pregnancy or maternity leave. Indirect discrimination could occur if a job was stated to be available only to somebody able to […]
Harassment Discrimination law covers harassment.An employer must not harass a person who is his employee or has applied for employment, in relation to a protected ground. An employer is liable for harassment by his employees unless he took all reasonable steps to prevent it. Harassment may cover a broad range of behaviours and circumstances. Harassment includes unwanted […]