Candidate Selection A job description should not contain requirements which are not directly related to the job. It is unlawful for a job advertisement to specify that an applicant must be a particular gender, race etc., unless this is a genuine occupational, qualification or requirement. Advertisements must not imply that the candidate’s chance of success […]
Overview Victimisation is prohibited by the Equality act 2010. In broad terms, victimisation occurs where a worker is treated less favourably because of having raised a complaint, assisted another in raising a complaint of discrimination or the employer reasonably suspects of so doing. A person victimises another if he subjects that other to disadvantage because […]
Restrictions on Employment of Young People Under the Children and Young Persons Act, no child under 13 may be employed at all. There are very limited exceptions such as e.g. acting. Working hours are strictly controlled and a Local Authority permit is required. Persons under 16 may not be employed in manufacturing or dangerous activities. […]
Initial Taxation Obligations An employer must deduct income tax and National Insurance contributions for all employees and directors. This applies to full and part-time employees and temporary and casual employees. No obligation generally arises in the case of genuinely self-employed contractors. There are exceptions, notably in many sections of the building industry where tax may […]
Interview and Job Offer Certain legal issues can arise at the interview and pre-employment stage. There are obligations under equality legislation to make sure that employment candidates are not excluded from employment because of gender, appearance, ethnicity, name, religion, accent etc. An unsuccessful job applicant can make an application to an Employment Tribunal under anti-discrimination […]
Distinction A key distinction in employment law is between a “contract for services” and an employment contract. A contract for services is provided by an independent contractor i.e. someone in business on his own account. An employee is somebody who works under the terms of an employment contract. There can sometimes be a thin dividing […]
Fixed Term Employees A fixed term contract is one for a specified time, specified task or one which ends when a specified event does or does not take place. An example would be a retail business taking on extra staff coming up to Christmas. Unless special circumstances apply, employees on fixed-term contracts must be treated […]
General To a large extent, employers and employees are free to agree on the details of their relationship. Certain mandatory terms and conditions are implied by law. These conditions and rights cannot be varied by the terms of the employment contract. Terms may also be implied by custom and practice in the absence of an […]
Minimum Wage The National Minimum Wage is an hourly rate. It is determined by the number of hours which the worker works.The national minimum wage is payable to workers who work in the United Kingdom. Formerly, there were separate agricultural minimum wages which has recently been abolished in respect of England. The National minimum wage […]
General As in Ireland, there is no legal requirement for an employer to operate a pension scheme in England and Wales If there is no employer-sponsored pension scheme, there are obligations to make a stakeholder pension arrangement available for contributions by the employee, in much the same way as a PRSA must be made available […]