Straightforward Guide To Employment Law

Description

This latest book in the Straightforward Guides Series A Guide to Employment Law is a clear and concise guide to all aspects of the law relating to employment rights with changes in the law up to 2019 covered in depth. The book is intended for the layperson but can also be utilised by the professional or the student. The following areas are covered: Changes in legislation to 2021; COVID 19 changes: Law and Industrial relations; Contracts of employment; Employment protection; Dismissal and disciplinary proceedings; Redundancy; Maternity and paternity; Age discrimination; Race and employment; Trade unions.

Informations

• Publié par: Straightforward Publishing
• Date de parution: 26 janvier 2021
• Nombre de lectures: 0
• EAN13: 9781913776589
• Langue: English

Extrait

A Straightforward Guide
To EMPLOYMENT LAW
Karen Lee
Editor: Roger Sproston
Straightforward Guides www.straightforwardco.co.uk
Straightforward Guides
Straightforward Co Ltd 2021
All rights reserved. No part of this book may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or otherwise, without the prior permission of the copyright holder.
British Library Cataloguing in Publication Data. A catalogue record for this book is available from the British Library.
ISBN 978-1-913342-83-8
ePUB ISBN: 978-1-913776-58-9
Kindle ISBN: 978-1-913776-67-1
Printed by 4edge www.4edge.co.uk
Cover design by BW Studio Derby
Whilst every effort has been made to ensure that the information contained within this book is correct at the time of going to print, the author and publisher accept no responsibility for inaccuracies contained within.
Contents
Introduction
Chapter 1 A Snapshot of The Main Areas of Employment Law
Right to work checks
The Immigration Act 2016
Employer duties penalties
New offence for illegal workers
Employing EU, EEA and Swiss citizens
References prior to taking up a post.
When are employment references needed?
Job offers and references
Immigration skills charge
Applying for a job and application forms
Disclosure and Barring Service and the Coronavirus
Checking up on prospective employees on social media
Guidelines
Other rights in the workplace
Time off for public and workforce duties
Losing or leaving a job
Dismissal without notice
What is automatic unfair dismissal?
The Covid-19 landscape
Fixed term contracts
Payment during notice period
Payment in lieu of notice period
Gardening leave
Relocation of work
Public and bank holidays
Transfer of a business
Sunday working
Insolvency of employer
Suspension on medical grounds
Employment through agencies
Agency worker rights from April 2020
Trade Union rights
Representation
Trade Union Officials
Strike action
Whistleblowing
The Data Protection Act
The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and BREXIT
Monitoring at work
Modern Slavery and Human Trafficking Statements
Use of Social media in the workplace
Legal considerations
Developing a policy
Disciplinary procedures
Blogging and tweeting
Using email at work
Excessive use of the internet at work
Language requirements in the workplace
Imposing language requirements
The Default Retirement Age
The situation concerning Furlough 2020/2021
Putting someone on furlough
Chapter 2-The Role of ACAS
The role of ACAS
The ACAS Code of Practice
Chapter 3-Contracts of Employment-Generally
Tests
Control test
The integration test
The economic reality test
Selection of employees
Rehabilitation of Offenders Act 1974 (as amended)
Continuous employment
Transfer of undertakings
Specific employment contracts
Directors and partners
Partners
Apprenticeships
Police
The armed forces
Minors
At what age can a child or young person work?
How many hours can a young person work?
What is the minimum wage for young people?
Temporary employees
Probationary employees
Employees on fixed term contracts
Fixed Term Working Regulations
Persons over retiring age
Zero Hours Contracts
What's the difference between a 'worker' and an 'employee'?
The 'gig' economy
Chapter 4-Employment Contracts-Terms of Contract
Significance of the terms of contract
Sources of the terms of the contract
Minimum Statutory Standards
Minimum terms orders
Express statements of the parties
Collective agreements
Works rule-books
Custom
Chapter 5 Employment Contracts-Implied Duties
To be ready and willing to work
To use reasonable care and skill
Duty to be reasonably competent
To obey lawful orders
To take care of employers property
To act in good faith
Duty to disclose certain information
Covenants in restraint of trade
Patents
Duties of the employer
To pay contractually agreed remuneration
To pay the NMW/NLW
Entitlement to the NMW
NM W/NLW calculations
What doesn t count towards the NMW
What is the Living Wage?
To observe provisions relating to holidays
To observe provisions relating to hours of work
Time off work for public duties
To indemnify employees
To provide references
Working Time Rights
What does not count as working time?
Working in more than one job
Night work
Holiday pay
Holiday pay paid throughout the year
Special hazards
Chapter 6-Pay and Conditions
Remuneration
Payslips
The Equality Act 2010
Gender pay gap reporting
Pensions auto-enrolment
Acts generally
Guarantee payments
Suspension from work on medical grounds
Provisions relating to sick pay
Agency workers
Evidence that you are sick
Holiday pay
Calculating holiday pay
Commission
Work-related travel
Maternity and paternity pay and leave
Maternity Allowance
Parental leave
The Additional Paternity Leave Regulations 2010
Shared parental leave
Shared Parental Pay
Adoption leave and pay
Statutory Adoption Pay
Keep in touch day
Bereavement leave and pay
Flexible working
Part Time Workers
Pensions
Insolvency of employer
Chapter 7-Terminating Employment
Dismissal with notice
Constructive dismissal
Summary dismissal
Circumstances which justify summary dismissal
Dismissals Procedure
Waiver of rights
Employee leaving
Termination by agreement
Termination by frustration
Action for wrongful dismissal
Damages against employee
Specific performance
Injunction
Declaration
Written statement of reasons for dismissal
Suspension
Unfair Dismissal
When is dismissal unfair?
Reasons for dismissal
Dismissal for trade union reasons
Other reasons for dismissal
Procedure
Pre-hearing Assessments
Remedies
Chapter 8-Discrimination in the Workplace
Equal Pay
Sex Discrimination
Types of Discrimination
Making a claim of Sex discrimination
Sexual Orientation
Harassment because of Sexual orientation
Sexual orientation and Religion or belief
Making a claim of Sexual orientation discrimination
Race Relations
Harassment
Victimisation
Managing cultural differences at work
Managing languages at work
Employing staff from abroad
Ethnic and national origins and religion
Making a claim of race discrimination
Discrimination on the grounds of disability
Age discrimination in the workplace
Retirement and age discrimination
Unfair dismissal
Chapter 9-Being Made Redundant
Redundancy generally
Consultation
Consultation about collective redundancies
Special circumstances
Special circumstances and the pandemic
Immigration issues
Misconduct and redundancy
Suitable alternative employment
Trial period in new employment
Lay off and Short time working
Redundancy compensation
Exceptions
Transfers of Undertakings
Further changes to TUPE in 2014
Redundancy and the Equality Act 2010
Chapter 10 Health and Safety at Work
The Health and Safety at Work Act 1974
Health and Safety Representatives
H andS Regulations and Codes of Practice
H and s and COVID 19-Staying safe at work
Making your workplace safe
Social distancing at work
Testing staff for coronavirus
Health and safety advice
Which workplaces can open
If the workplace is closed
Coronavirus: shielding and vulnerable people
Shielding
Shielding rules in England
Shielding rules in Scotland and Wales
If a doctor says someone should stay at home
Unfair treatment and dismissal
Working from home
Chapter 11-The Role of Trade Unions
Definition of a trade union
The Trade Union Act 2016
Political fund
The Information and Consultation of Employees (ICE) Regulations 2004
What is a valid employee request?
Negotiating an I C agreement
Certification Officer and Independent Trade Unions
Recognition of Trade Unions
Union request for recogtnition
The Rule Book
The Right to Information
The Closed Shop
Discipline of union members
Action Short of Dismissal
Economic duress
Statutory Immunities
Trade union liability
Loss of trade union immunity
Picketing
Remedies against the union
The 2002 Employment Act-Union Learning Representatives
Chapter 12-Solving Grievances-Tribunals and Arbitration
Employment Tribunals
Claims that can be heard by an Employment Tribunal
Compensation
Chapter 13 Employment Law Differences in Northern Ireland and Scotland
Employment law in Northern Ireland
Employment law in Scotland
Further Information Useful helplines and advice services
Index
Introduction
It is hoped that this brief, but wide ranging, introduction to employment law, updated to January 2021 , is accessible not only to the student or professional but also to the layperson. The book attempts to embrace the framework of employment law and up to date case law in various areas (where relevant) is introduced..
Throughout the book, there are cases, both current and historic, that serve to highlight main points of law. There is reference to the numerous Employment Acts and other relevant Acts. There is also a newly inserted chapter 2 , which deals with the role of ACAS (Arbitration and Conciliation Service) in Employment law.
COVID 19
The impact of the coronavirus on the workplace, affecting employers and employees has been massive and changes to employment law, albeit many of the changes being temporary to cover the duration of the pandemic, have been significant. Throughout the text we will be prefacing the law as it stands with how the Coronavirus Act 2020 has amended the law, such as through furlough and working at home to holiday pay and safety at work.
BREXIT
One aspect of employment law to be mindful of is the effect of BREXIT on law. At the time of writing, the UK is now set to leave the European Union on the 1 st of January 2021, In the Queens Speech i