Employment Law
Assignment 1
P1; P2
Introduction in this report I will Explain, using case scenarios, what the written statement of
employment particulars and the contract of employment must include to comply with the law
and Provide advice to a business on the effects of non-compliance with the written statement
of employment particulars
Basic employment rights
Maternity pay/leave, paternity leave, and unpaid parental leave are all covered by the
Employment Act of 2002.
The Employment Act of 2002 introduces changes to statutory rights for paternity and
adoption leave and pay, as well as amending the current law for maternity leave and pay. In
terms of maternity pay and leave, the act strengthens maternity rights in the UK by allowing
any pregnant employee whose baby is due on or after April 6, 2003 to benefit from and
maybe be entitled to up to a year off work with the option of returning to their previous
position. Regardless matter how long they have worked for their business, women will be
eligible to 26 weeks of paid maternity leave. Any woman who has worked for her employer
for a total of 26 weeks (by the 15th week before the baby's due date) will be eligible for an
additional 26 weeks of unpaid maternity leave. For example, if a woman works for her
employer for 26 weeks straight, she is entitled to a maximum of 52 weeks off. The lesser
rate of Statutory Maternity Pay was also increased from 75 to 100 pounds per week at the
same time. The higher rate, which is payable for the first six weeks, continues at 90% of
regular pay.
Employees may also apply for unpaid parental leave, however they must have worked for
the company for at least one year, be the kid's parent, or have parental responsibility for that
child, e.g. agency workers and contractors are not eligible. For each child under the age of
18, employees are entitled to 18 weeks of unpaid leave. THIS RIGHT IS CONNECTED TO
THE CHILD AND DOES NOT RESTART WHEN AN EMPLOYEE BEGINS A NEW JOB,
FOR EXAMPLE, IF AN EMPLOYEE TOOK 8 WEEKS OF PARENTAL LEAVE IN THEIR
PREVIOUS JOB, THEY ONLY HAVE 10 WEEKS TO TAKE IN THEIR NEW JOB. A total of
four weeks of vacation per year can be taken in one- or two-week increments. The employee
must notify the employer of the desired start date at least 21 days in advance, as well as
when the leave will expire.
The Statutory Sick Pay Act (SSPA) establishes a statutory sick pay (1992 Act)
Employees in the United Kingdom benefit from the terms of the Statutory Unwell Pay Act
1992, which gives them the right to be paid by their employer if they are sick for more than
four days but less than 28 weeks. Employees who earn more than the lower earnings limit
are referred to as earning above the lower earnings limit. If you are an employee who has
been sick for two weeks and pays national insurance, you are entitled to 95.85 pounds a
week in SSP if you are unable to work. If your workplace operates an occupational sick pay
programme, you may be able to get more than the required sum. This is usually spelled out
in the employee's employment contract.
A recent example of a situation in which an employee could obtain SSP is if they are self-
isolating due to corona virus symptoms in themselves or someone they reside with. An
employee may also be eligible for SSP if they have been instructed to shield due to a high
risk of contracting the corona virus. If an employee self-isolates after entering or returning to
the UK for any cause other than self-isolation, they will not be eligible for SSP.
The National Minimum Wage Act (NMWA) establishes a minimum wage The national
minimum wage act of 2018 establishes the hourly rate that a worker is entitled to. As a
result, the UK now has a statutory minimum wage. It aims to provide employees with decent
basic standards and workplace justice, and it applies to all workers in the UK, including
those employed through agencies, by virtue of Section one (2). It covers almost all workers
,and establishes hourly rates below which pay must not fall; the rates are based on the Low
Pay Commission's recommendations from time to time (LPC). From April 1, 2020, the rate
was 8.72 pounds for those aged 25 and up, 8.20 pounds for those aged 21 to 24, 6.45
pounds for those aged 18 to 20, 4.55 pounds for those aged 18 to 20, and 4.15 pounds for
apprentices.
The chairperson of the National Minimum Wage Commission presented the commissioners
report on the yearly review of the national minimum wage for 2021 on November 20, 2020,
and solicited written comments on the suggestions. The act's section 6 mandates an annual
assessment of the national minimum wage. The commissioners proposed in their report that
the minimum wage be increased by 1.5 percent over inflation, with suggestions for targeted
increases.
Businesses who have failed to comply with the act, most notably Tesco and Pizza Hut, have
been identified and shamed by the Department of Labour, which has imposed sanctions on
those employers. Another way that the act has benefited employees is that the age of
eligibility for the government's 'national living wage' (NLW) has been set at 25 since April
2016, with younger workers getting less. This research relating to minimum wage
differentials by age was critically assessed in a report commissioned by UNISON, which
discussed the case for not utilising age differentials at all. People over the age of 21 should
be eligible for the NLW, according to the report, and boosting the minimum wage for those
under 21 has not historically damaged employment results.
1998 Working Time Regulations (holiday entitlement) Employees are entitled to 5.6
weeks of paid statutory holiday each holiday year under the Working Time Regulations of
1998, and there is no requirement for a qualifying length of employment. Part-time workers
are entitled to a prorated amount of vacation time, and if an employee begins work in the
middle of the year, the vacation time is prorated as well. A applicable agreement, such as a
contract of employment, staff handbook, or collective agreement, specifies the holiday year.
Employers can provide additional vacation days that are not subject to the WTR
requirements (contractual holidays). Employees must give the required notice before taking
a vacation, and the employer may also serve a notice directing the employee to take or not
take leave on specific days, according to Article 15WTR. The employer is unable to
nominate specific days (Sumsion v BBC Scotland). Contractual vacation in excess of the 5.6
weeks of statutory vacation is not subject to the statutory requirements, and the employer
may establish rules in a relevant agreement that apply only to contractual vacation. For
example, if contractual vacation time is not used before the end of the holiday year, an
employee may or may not be able to carry it over.
Regulation 16 of the WTR states that an employee must be compensated at the rate of a
week's pay for each statutory holiday to which he is entitled. The European Court of Justice
concluded in Williams and others v British Airways (2011) that customary remuneration
should include basic pay, as well as rumination about the worker's personal and professional
position. As a result, expenses, benefits, and incentives that aren't tied to a worker's
performance will be excluded, but payments like incentive bonuses and shift allowances will
be included. As a result, the employee benefits because they are paid a minimum amount of
vacation time each year.
Duties of employee and employer
Employers and employees are both accountable to one another, and they should expect
their rights to be respected. These rights and obligations pertain to health and safety,
working and job conditions, equal opportunity, and the right to a minimum wage, among
other things. Employees and employers have obligations and rights under the Health Safety
Act. Employees are expected to carry out their duties in a manner that is considerate of
others' safety. Employers frequently address factors such as supplying safe machinery and
, equipment, conducting regular health and safety inspections, ensuring that personnel are
informed on health and safety problems, and completing health and safety risk assessments.
It is assumed that the employee will meet the interest requirements for a specific work
activity. According to the Equal Opportunity Act, all employees should be paid equally and
have the same or equivalent working circumstances. There are additional laws against
discrimination based on sexual orientation, race, or handicap. The Minimum Pay Act
establishes the minimum wage that employees are entitled to. In today's money, that's more
than £8 per hour. For those aged 23 and up, the present minimum wage is £8.91, and from
April 2022, the minimum wage for those aged 23 and up will be £9.50. The minimum wage
for people under the age of 18 is £4.62, however this is set to alter to £4.81 in the near
future. The minimum wage is examined and increased on a regular basis. A European Union
mandate also specifies the maximum number of hours a worker must work in a typical week.
This is set to 48 hours at the moment.
Working with businesses to improve workplace safety, health, and welfare. Do not engage in
inappropriate behaviour that could jeopardise your or others' safety or health. Take
advantage of your employer's health and safety training. Make proper use of all machinery,
tools, supplies, and other equipment. The employer-employee connection creates a legal
responsibility that can be enforced. Paying wages, executing tasks, and adequately
protecting workers from workplace injuries are all responsibilities of the employer, who must
also accept worker obedience and devotion. Employers are legally obligated to manage their
employees' health and safety.
Employers are subject to the law in this way. Employees and self-employed individuals both
have significant duties. It is the responsibility of the employer to safeguard the health, safety,
and well-being of their employees and others who may be affected by their business. To
achieve this, the employer must do everything reasonably possible. This entails
safeguarding workers and others against potential hazards, as well as successfully
controlling the risks of occupational injury and illness. Employers must identify workplace
risks as part of their occupational health and safety obligations. You must conduct a risk
assessment that considers the threats to your workplace. Your employer is responsible for
informing you about workplace dangers and how you are protected, as well as educating
and training you on how to manage those risks. On health and safety matters, the employer
must engage with the employee. Consultations must be held either directly or through a
safety officer appointed by the union or elected by the workers.
Employers and employees are both accountable to one another, and they should expect
their rights to be respected. Health and safety, working and job conditions, equal opportunity,
and the entitlement to a minimum wage are all covered under these rights and obligations.
Labor law handles additional particular issues such as bullying and harassment within these
broad categories. Equal pay for equal work; motherhood and family rights; age
discrimination; gender and sexual orientation discrimination Discrimination based on
marriage or civil partnership, gender, religion or belief, pregnancy or delivery; Racism;
Discrimination based on handicap Dismissal, the Labour Court, privacy, and working
conditions are all topics covered in this article. Employers and employees are both
accountable to one another, and they should expect their rights to be respected. Health and
safety, working and job conditions, equal opportunity, and the entitlement to a minimum
wage are all covered under these rights and obligations. Both employers and employees
may ensure that their recruiting and dismissing processes, as well as their workplace as a
