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Business Level 3 Unit 24 Assignment 1
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Distinction- Business Level 3 Unit 24 Assignment 1
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Title: Employment rights and equality in the workplaceIntroduction
My report is going to be about my research on the employment law, including some
employment rights, written statements of employment, contracts of employments and
importance of complying with employment rights. The report also includes my explanationsof
different case scenarios, regarding employment law.
Contract of employment & the Written Statement of Employment Particular
Employment contract is an agreement (that doesn’t have to be written) between an
employer and employee and it tells you the rights to written statement and what to do if you
do have a problem. On the other hand, contract of service is different from employment
contract because, in contract of service an independent contractor (plumber or electrician) is
hired only for the time needed to fix a problem.
The written statement of employment particulars is written agreement between an employer
and employee stating the main conditions of employment when they start work.
Employer Right Act 1996 (s 1 of the Employment right Act), states that an employer must
give employees and workers a document stating the main conditions of employment when
they start work. The difference between the written statement of and employment contract is
that written statement must include the main employment terms, known as the “principal
statement” information such as pay and working hours. The written statement must be
provided to an employee within two months of starting work. The employment contract
contains more details about the terms and conditions of employment (include rights and
responsibilities between an employer and employee).
The written statement of employment particulars (Employment Rights Act 1996 s.1) states
the main conditions of employment when an employee start the work. The written statement
is made up of: the main document (known as principal statement) and a wider written
statement. The principal statement must be provided on the first day of employment, while
the wider statement within two months of the start of employment. The written statement of
employment must include: business name, employee’s name, job title/description, start date,
hours and times of work, overtime details, holiday entitlements, location of work. If an
employee or worker has to work outside the UK for mora than a month, the principal
statement must also include: how long they will be abroad, what currency they will be paid in
and what additional benefits they will get.
The employment contract must include four key elements:
An offer: (that is made by an employer with the intention if the offer is accepted, the
employee will be bound by a contract).
Acceptance: (that can be oral and in writing, and an it is an unconditional agreement that of
all the term set out in the offer).
Consideration: each party to the contract must receive something of value
Intent to create legal registration: The both parties must make sure that their contract is
legally binding; otherwise it will not be valid.
,Scenario 1
In the section of the scenario 1, Peter should have received the principal statement on the first
day of employment, according to the section 1 of the Employment Act. Peter did receive
written statement within two months of the starting his employment, however wider written
statement must include more information than just his start date, the store address and advice
on grievance. His wider written statement must also include: business name, employee’s
name, job title/description, start date, hours and times of work, how much and when
employee will be paid, overtime details, holiday entitlements, location of work, sick
pay/leave, pension, notice period, how to complain. (According to the section 1 of the
Employment Act 1996).
In conclusion, Peter’s employer did not provide the necessary information on the written
statement, and although his wider written statement was provided on time, his principal
statement should have been provided on the first day.
Scenario 2
The information which Saif’s employer gave him in written confirmation before he started
his job does not include all the necessary information which is required to according to
section 1 of the Employment Act 1996.
Another thing that that his employer did wrong is, that if an employee has to go and work
outside UK for more than a month, their written statement also must include: how long they
will be abroad, what currency they will be paid in, what additional pay or benefits will he get,
terms relating to their return to the UK.
If the business does not comply with the written statement of employment particulars, an
employee can try to solve the problem with their employer informally, if that doesn’t work
they can take out grievance against their employer. If that didn’t work, they can take the case
to an employment tribunal. The tribunal will decide what the employment particulars in the
statement should have been.
Employment Rights and Their Impact on Employees
1. Employment Act 2002 is an Act that covers areas of: paternity and adoption leave and
pay, maternity leave and pay, flexible working, employment tribunal reform and resolving
disputes between employers and employees.
Employment Act 2002, Maternity leave entitles pregnant women to 52 weeks of Statutory
Maternity Leave if they give correct notice to employer. Employers don’t have to take 52
weeks if they don’t want to, however the first 2 weeks following the birth must be taken, or 4
weeks for those that work in factory.
…Sarah works in the supermarket, and her first child was born on the 15th of May, 2003.
According to Employment Act 2002, Maternity leave; Sarah’s Ordinary Maternity Leave
increased from 18 to 26 weeks. Because Sarah has been in the continuous employment for
more than one year before her pregnancy, Sarah was allowed to Additional Maternity Leave,
last 26 weeks. Sarah enjoyed 52 weeks off in total. This Employment Act had a positive
impact on Sarah because she spent extra time with her baby. Not only did Sarah get extra
time with her baby, she also received extra £25 a week Statutory maternity pay (25%
increase in the rate of statutory maternity pay and allowance). This allowance increased
from £75 per week to £100 per week. Employment Act 2002, Maternity Pay
, 2. National Minimum Wage Act (National Minimum Wage Act 1998), is an act that states
the hourly rate for the minimum wage and it depends on your age and whether you are an
apprentice. The long term aim of a minimum wage is to remove the problems of poverty pay
and improve lives of low-paid employees. which exists when the earnings from paid work do
not result in a living wage and fail to push people out of poverty. The Increases in the UK
national minimum wage since 1999 had no negative employment effects on the overall UK
labour market. Many of the effects following the increase were positive in terms of reducing
pay inequality and improving the standards of living for low-paid workers. The Minimum
Wage is increased each year in line with the rise in the cost of living.
You must be aged 25+ to get the National Living Wage. However, there is going to be an
important change from April 2021, and the living age for receiving national minimum wage
is going to lower the minimum age for receiving a national living age from 25 to 23. Her
Majesty’s Revenue & Customs (HRMC) have the authority to take employers to court if they
are not paying workers the national minimum wage.
National minimum wage: April 2021 increases by age
Error! Filename not specified.
Rate from April 2020 Rate from April 2021 Increase
16 to 17-year-olds £4.55 £4.62 1.5%
18 to 20-year-olds £6.45 £6.56 1.7%
21 to 22-year-olds £8.20 £8.36 2.0%
23 to 24-year-olds £8.20 £8.91* 8.7%
Accommodation offset £8.20 £8.36 2.0%
Aged 25 and above £8.72* £8.91* 2.2%
Apprentice rate £4.15 £4.30 3.6%
Source: Low Pay Commission recommendations accepted in full by government. * National living wage
…..David is 23 years old and he started working in a large home appliance store in the town
Centre in May 2019. He works 5 days a week and his contracted hours are 9am until 6pm
with one-hour lunch break. His manager expects him to arrive by 9 am each morning to help
get the shop ready before it opens to the customers. David gets paid £6.15 an hour. After
having spoken to some of his colleagues he realized that he should be paid more. David was
not sure whether to raise it with his manager. After having spoken to one of his friends, David
decided to phone National Minimum Wage Helpline. David realized that he was supposed to
be paid £7.70 per hour According to the National Minimum Wage Act. Therefore, David
decided to raise this issue with his manager. His manager apologized and increased David’s
pay to £ 7.70…
In conclusion, we can see that introduction of the National Minimum Wage Act had a positive
impact on lives of low-paid employees because employees can’t take advantage of their
employees by paying them below the National Minimum Wage. The National Minimum
Wage Act 1998 sets out the minimum pay per hour that a worker must receive and employers
can be penalized if they don’t follow these rules. In the above scenario, David’s employer
increased David’s hourly rate by because according to NMWL he was underpaying David.
National Minimum Wage Act helped David to get his hourly rate according to his age, and
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