Alexandra Davidson Keystone Law July 2014 UK Employment Rights Derived from two main sources Contractual rights Written or oral Enforced in civil courts and to a limited extent in employment tribunals ID: 680627
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Slide1
Overview of UK Employment Law
Alexandra Davidson
Keystone Law
July
2014Slide2
UK Employment Rights
Derived from two main sources
Contractual
rights
Written or oral
Enforced
in civil courts and, to a limited extent, in employment tribunals
Statutory
rights
Employment Rights Act 1996
Ordinary Unfair dismissal
Automatic Unfair dismissal
Deduction from wages
Equality Act 2010
National Minimum Wage
Includes
enactments of EU-derived
laws
TUPE
Working Time Regulations
Enforced in employment tribunalsSlide3
Starting the relationship
Pre-employment
checks
Discrimination on grounds of protected characteristics
Immigration
status
Health questionnaires
References
Obligations owed to former employerSlide4
Defining the relationship
Types of contractual relationship
Employees
Workers
Self-employedSlide5
Categorising the relationship
Types of contract
Indefinite term
Terminable on notice period
Fixed term
No need for notice
Fixed Term Workers Regulations
Expiry of fixed term is a dismissal
Part time
Part Time Employees Regulations
Zero hours
Agency workers
Agency Worker Regulations
Swedish derogationSlide6
Regulating the relationship – s1 statement requirements
Holiday
28 days minimum
Pension
Must provide access
Sick
pay
SSP up to 28 weeks after 3 waiting days
Working
time
Rest breaks, rest days, night working
Average working hours
Notice periods
Statutory minimum overrides the contract
Remuneration
Job title
Parties
Disciplinary/grievance appealsSlide7
Regulating the relationship – statutory issues
IP protection
Family
rights
Ante-natal care/ risk assessments
Maternity leave and pay
Paternity leave and pay
Adoption leave and pay
Parental leave and pay
Time off for dependants
Minimum wageSlide8
Regulating the relationship – the contract
Probationary
period
Right to benefits delayed
Short notice period during probationary period
Non-compete clauses
Flexibility/mobility
Other duties commensurate with status
Secondment to other group companies
Change in work location
Pay and
bonuses
BenefitsSlide9
Changing the relationship
Varying terms and conditions of employment
Is there a right to vary?
Seek employee’s consent
Terminate contract and offer new contract on revised terms
Follow proper procedure
‘sound business reason’ defence to unfair dismissal claimSlide10
Discrimination
Must not discriminate on grounds of a ‘protected characteristic’
Sex
Race, nationality
Sexual orientation
Age
Disability
Pregnancy/maternity
Religion/belief
Marriage
Gender reassignment
Applies to hiring, promotions
and treatment in the workplace
Harassment
Victimisation
Conflicting rightsSlide11
Ending the relationship
Contractual issues
Notice period
non-competes
Garden leave
references
Constructive dismissal
TUPE
Settlement agreementsSlide12
Ending the relationship – statutory issues
Unfair dismissal
Valid reasons for dismissal
Conduct
Capability
Redundancy
Breach of an enactment
Some other substantial reason
Acting
reasonably in the circumstances
Consultation
Other requirements
Fair sanction
Public Interest Disclosures (Whistleblowing)
Qualifying protected disclosure leading to detriment
RemediesSlide13
The End
Thank you for listening