2 – Introduction to Employment Legislation

Employment law in the UK sets out the rights and responsibilities of employees and employers. It covers various issues, including working hours, pay, leave entitlements, and health and safety.

Requirements of employment law

Several employment laws in the UK affect both employers and employees. Some of the most significant pieces of legislation include:

1. The Employment Rights Act 1996: This Act sets out the rights of employees, including the right to a written statement of employment particulars, the right to request flexible working arrangements, and the right not to be unfairly dismissed.
2. The Working Time Regulations 1998: These Regulations set out the rights of employees to limits on their working hours, including a maximum number of hours they can work per week and rest breaks between shifts.
3. The Equality Act 2010: This Act prohibits discrimination based on age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership, and pregnancy and maternity. It also requires employers to make reasonable adjustments for employees with disabilities.
4. The Health and Safety at Work etc. Act 1974: This Act places a duty on employers to ensure the health and safety of their employees in the workplace. This includes providing a safe working environment, appropriate training, and necessary protective equipment.
5. The National Minimum Wage Act 1998: This act requires employers to pay their employees at least the national minimum wage.
6. The Employment Relations Act 1999: This Act provides for the right of employees to join a trade union and to negotiate with their employer through collective bargaining. It also sets out the rules for collective redundancy consultations.

Employers and employees must be aware of these laws and comply with them. This can help to create a positive and productive working environment and can help to prevent disputes or legal problems from arising.

Enforcement systems for individual employment rights

There are several ways in which individual employment rights can be enforced in the UK. These include:

1. Internal complaint or grievance procedures: Many organisations have internal complaint or grievance procedures that employees can use to raise concerns about their employment. This may involve raising the issue with a supervisor or HR representative or using a formal grievance process.
2. Mediation: If an issue cannot be resolved internally, employees may be able to use mediation to try and resolve the dispute. Mediation is a voluntary process in which a neutral third party helps the parties to agree.
3. Employment tribunal: If an issue cannot be resolved through internal procedures or mediation, employees may be able to bring a claim to an employment tribunal. Employment tribunals are independent bodies that hear claims relating to employment disputes, including unfair dismissal, discrimination, and unpaid wages.
4. Legal action: In some cases, employees may be able to take legal action against their employer in the courts, either in addition to or instead of an employment tribunal claim. This may be necessary if employment law does not cover the issue or the employee wishes to seek damages.

Employees need to be aware of their rights and the options available to them for enforcing those rights. It is also essential for employers to have clear policies and procedures in place to deal with complaints and grievances to avoid disputes and potential legal action.

Implications of different types of employment status

Employment status refers to the type of employment relationship that exists between an employer and an employee. In the UK, there are three main types of employment status: employee, worker, and self-employed. Each type of employment status has different implications for the rights and responsibilities of the employer and employee.

1. Employee: Employees are individuals with a contract of employment with their employer. They have various rights, including the right to a written statement of employment particulars, the right to request flexible working arrangements, and the right not to be unfairly dismissed. They are also entitled to certain benefits, such as paid holidays, sick leave, and protection against discrimination and harassment.
2. Worker: Workers are not employees but have a contract to do work or provide services for an employer. They have fewer rights than employees but are still entitled to certain protections, such as the right to the national minimum wage and the right to paid holidays.
3. Self-employed: Self-employed individuals are not employees or workers and do not have a contract of employment with an employer. They are responsible for their taxes and National Insurance contributions and do not have the same rights and protections as employees or workers.

It is essential for both employers and employees to understand the implications of different types of employment status, as this can affect the rights and responsibilities of each party and can significantly impact the employment relationship.

The requirements for an organisation for equality and diversity

Equality and diversity refer to promoting equal opportunities and valuing diversity in the workplace. In the UK, employers have a legal obligation to ensure that they do not discriminate against employees or job applicants on the grounds of specific protected characteristics, as set out in the Equality Act 2010. These protected characteristics are age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership, and pregnancy and maternity.

To meet their obligations regarding equality and diversity, employers should have policies and procedures that promote equal opportunities and prevent discrimination. This may include having equal opportunities policies, diversity and inclusion training for employees, and systems for reporting and addressing incidents of discrimination or harassment.

Employers should also ensure that they are not indirectly discriminating against employees or job applicants, for example, by having a recruitment process that disproportionately excludes people from certain protected characteristics.

In addition, employers should make reasonable adjustments for employees with disabilities to ensure that they can carry out their duties and access the same opportunities as non-disabled employees.

By promoting equality and diversity in the workplace, employers can create a more inclusive and positive working environment and help prevent discrimination and other issues.

The importance of employee background checks

Employee background checks are an essential tool that employers can use to verify the information provided by job applicants and to ensure that they are hiring individuals who are suitable for the role. These checks can help to protect an organisation’s reputation, assets, and employees.

An employer may conduct several background checks on an applicant’s employment history, education, and criminal record. Employers may also conduct reference checks to verify applicants’ work histories and gather information on their skills and abilities.

Conducting background checks is especially important for certain types of roles, such as handling sensitive information or working with vulnerable individuals. For example, an employer may conduct a criminal record check for a role that involves working with children or a financial history check for a role that involves handling financial transactions.

It is essential for employers to follow the appropriate legal requirements when conducting background checks and to ensure that they are not discriminating against applicants based on protected characteristics, such as race or gender. Employers should also be transparent with applicants about the types of background checks that will be conducted and should obtain the applicant’s consent before conducting the checks.

Employee background checks can help to ensure that an organisation hires individuals suitable for the role and who can contribute to a positive and productive working environment.

The requirements for the handling of personal and sensitive information

The handling of personal and sensitive information is governed by data protection laws, which set out the requirements for collecting, using, and storing personal data. In the UK, the primary legislation for data protection is the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

Under these laws, organisations must have a valid reason for collecting and processing personal data and obtain individuals’ explicit consent before collecting sensitive personal data, such as data related to an individual’s race, religion, or health.

In addition to obtaining consent, organisations must also ensure that personal data is collected and processed fairly and transparently, that it is only used for the purpose for which it was collected, and that it is kept secure and confidential. This may include encrypting data, implementing access controls, and regularly reviewing and updating security measures.

Organisations must also have procedures in place for responding to data breaches and must notify the relevant authorities and affected individuals in the event of a breach.

Organisations need to be aware of the requirements for handling personal and sensitive information and to ensure that they comply with them. Failure to do so can result in legal consequences and damage an organisation’s reputation.

How to address issues of unfair dismissal

Employees who believe they have been unfairly dismissed can raise a claim for unfair dismissal with an employment tribunal. To be successful in an unfair dismissal claim, the employee must show that:

1. They were dismissed
2. They had been working for their employer for at least two years.
3. The dismissal was not for a fair reason (such as gross misconduct or redundancy)

Suppose an employee can establish these three elements. In that case, the employment tribunal will consider whether the dismissal was fair or unfair, taking into account the circumstances of the case and the employer’s procedures for dismissing employees.

If the tribunal finds the dismissal unfair, it may order the employer to reinstate the employee or award them compensation.

There are several steps that an employee can take to address issues of unfair dismissal:

1. Raise the issue with their employer: The employee may be able to resolve the issue by raising it with their employer and attempting to agree.
2. Use internal grievance procedures: Many organisations have internal grievance procedures that employees can use to raise concerns about their employment.
3. Seek mediation: If the issue cannot be resolved internally, the employee may be able to use mediation to try and resolve the dispute.
4. Bring a claim to an employment tribunal: If the issue cannot be resolved through internal procedures or mediation, the employee may be able to bring a claim for unfair dismissal to an employment tribunal.

Employees must be aware of their rights and options for addressing unfair dismissal issues. It is also essential for employers to have clear policies and procedures in place to deal with complaints and grievances to avoid disputes and potential legal action.

The role of employment contracts