Employment Law

Karen Lee

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 2019; The new GDPR Regulations: Law and Industrial relations; Contracts of employment; Employment protection; Dismissal and disciplinary proceedings; Redundancy; Maternity and paternity; Age discrimination; Race and employment; Trade unions.

Sujets

• Droit et juridique

Informations

• Publié par: Straightforward Publishing
• Date de parution: 25 janvier 2019
• Nombre de lectures: 0
• EAN13: 9781847169419
• Langue: English

Extrait

A STRAIGHTFORWARD GUIDE TO EMPLOYMENT LAW
Karen Lee
Straightforward Guides www.straightforwardco.co.uk
Straightforward Guides
Straightforward Co Ltd 2019
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: 978-1-84716-878-8 ISBN ePUB: 978-1-84716-941-9 ISBN Kindle: 978-1-84716-938-9
Printed by 4edge www.4edge.co.uk Series Editor: Roger Sproston
Cover design by Bookworks Islington
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. Snapshot of Main Areas of Employment Law
References prior to taking up a post.
Immigration skills charge
Applying for a job and application forms
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
If you change your mind
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
Trade Union rights
Representation
Trade Union Officials
Strike action
Whistleblowing
The Data Protection Act
The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679)
Monitoring at work
Use of Social media in the workplace
Legal considerations
Developing a policy
Disciplinary procedures
Blogging and tweeting
Using email at work
Language requirements in the workplace
Imposing language requirements
Potential problems
The Default Retirement Age
Chapter 2.The Role of ACAS
Chapter 3. Contracts of Employment
General
Selection of employees
Rehabilitation of Offenders Act 1974
Continuous employment
Transfer of undertakings
Specific employment contracts
Directors and partners
Partners
Apprentices
Public sector employees
Police
The armed forces
Minors
Temporary employees
Probationary employees
Employees on fixed term contracts
Fixed Term Working Regulations
Persons over retiring age
Zero Hours Contracts
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 of the Employer/Employee
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
National Minimum Wage/national Living wage
Apprentices
Entitlement to the NMW/NLW
Voluntary work
The National Living wage
To treat employees with trust and confidence
To observe provisions relating to holidays
To observe provisions relating to hours of work
To permit employees time off work for public duties
To indemnify employees
To provide references
Working Time Rights
Rest breaks
Daily rest periods
Weekly rest breaks
48 hour working time limit
Young workers and working time limits
What counts as working time?
What does not count as working time?
Working in more than one job
Night work
Holiday pay
Special hazards
Chapter 6. Pay and Conditions
Remuneration
Payslips
Gender pay gap reporting
Acts generally
Guarantee payments
Suspension from work on medical grounds
Provisions relating to sick pay
More about sick pay
Sick pay and holidays
Agency workers
Evidence that you are sick
Maternity and parental pay and leave
Right to maternity leave
Giving notice to the employer
Work during the maternity leave period
Time off for Ante-natal care
Statutory Maternity Pay
When is SMP paid?
Maternity Allowance
Returning to work after maternity leave
Parental leave
Paternity leave
Shared parental leave
Adoption leave and pay
Bereavement leave
Statutory right to request a contractual variation-flexible working
Procedure for flexible working request
Employer s response
Remedies
Part Time Workers
Pensions
Rights to information
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
Other reasons for dismissal
National security
Procedure
Conciliation
Pre-hearing Assessments
Remedies
Chapter 8. Discrimination in the Workplace
Equal Pay
Sex Discrimination
Sexual Orientation
Race Relations
Discrimination on the grounds of disability
Age discrimination in the workplace
Retirement and age discrimination
Chapter 9. Being Made Redundant
General
Consultation
Consultation about collective redundancies
Special circumstances
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
Redundancy and the Equality Act
Chapter 10. Health and Safety at Work
The Health and Safety at Work Act 1974.
Health and Safety Representatives
Health and Safety Regulations and Codes of Practice
Chapter 11. The Role of Trade Unions
Definition of a trade union
The Trade Union Act
Information, notifications and expiry of ballot mandate
Information on outcome of the ballot.
Notice of planned action.
Expiry of ballot authorisation.
New turnout and support thresholds
Fifty per cent turnout requirement for all ballots.
Important public services.
Health
Transport
Education
Border security.
Fire
Picketing supervisor.
Political fund
Future developments
The Information and Consultation of Employees (ICE) Regulations 2004
What is a valid employee request?
Negotiating an I C agreement
The 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
Learning representatives
Chapter 12. Solving Grievances-Tribunals and Arbitration
Employment Tribunals
Claims that can be heard by an Employment Tribunal
Fees
Compensation
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 2019 , 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.
In December 2018, the government published its good work plan , which is said to implement 50 out of the 53 recommendations of the Taylor Review, which was carried out in 2016 by Matthew Taylor, Chief Executive of the Royal Society of Arts. Mr Taylor was tasked with evaluating working practices in the UK over the past 20 to 30 years, and reporting on areas for reform. It was expected that a primary focus of the report would be the effect of the emerging gig economy on workers rights. The report sets out a plethora of suggestions for reform, from employment status to tax reform,
It seems a long time since there has been any new employment law proposals, but this brings with it a wide range of proposed changes - mostly points of detail rather than major new initiatives, but even the points of detail are likely to be significant. For instance, a proposal to move the length of time needed to break continuous service from one week to four weeks, so that someone who works for an employer on a casual basis only once a month may be able to acquire the necessary length of service to claim unfair dismissal.
Other proposals including removing the Swedish derogation from the Agency Worker Regulations, along with an enhanced entitlement to written particulars of employment starting from the first day of work and a right for casual workers to request a fixed working pattern. There will also be greater regulation of umbrella companies.
Almost every kind of employment relationship will be affected by these changes, if implemented. There are provisions for strengthening the enforcement of employment tribunal awards, including the possibility of penalties of up to 20,000 (rather than 5,000) and naming and shaming employers who do not pay employment tribunal awards.
The document is short on any timetable for implementing these pr