Presentation on theme: "Statement of initial employment"— Presentation transcript:
1 Understanding personnel rights and responsibility within an organisation
2 Statement of initial employment The statement shall contain particulars of— .the names of the employer and employee, .the date when the employment began, and .the date on which the employee’s period of continuous employment began (taking into account any employment with a previous employer which counts towards that period).
3 Statement of initial employment the scale or rate of remuneration or the method of calculating remuneration, .the intervals at which remuneration is paid (that is, weekly, monthly or other specified intervals), .any terms and conditions relating to hours of work (including any terms and conditions relating to normal working hours),
4 Statement of initial employment any terms and conditions relating to any of the following— .entitlement to holidays, including public holidays, and holiday pay (the particulars given being sufficient to enable the employee’s entitlement, including any entitlement to accrued holiday pay on the termination of employment, to be precisely calculated), .incapacity for work due to sickness or injury, including any provision for sick pay, and .pensions and pension schemes
5 Statement of initial employment the length of notice which the employee is obliged to give and entitled to receive to terminate his contract of employment, .the title of the job which the employee is employed to do or a brief description of the work for which he is employed, .where the employment is not intended to be permanent, the period for which it is expected to continue or, if it is for a fixed term, the date when it is to end, .either the place of work or, where the employee is required or permitted to work at various places, an indication of that and of the address of the employer
6 Statement of initial employment where the employee is required to work outside the United Kingdom for a period of more than one month— .the period for which he is to work outside the United Kingdom, .the currency in which remuneration is to be paid while he is working outside the United Kingdom, .any additional remuneration payable to him, and any benefits to be provided to or in respect of him, by reason of his being required to work outside the United Kingdom, and .any terms and conditions relating to his return to the United Kingdom
7 Employment ContractAll employees have an employment contract with their employer. A contract is an agreement that sets out an employee’s:employment conditionsrightsresponsibilitiesdutiesThese are called the ‘terms’ of the contract.
8 Employment ContractEmployees and employers must stick to a contract until it ends (eg by an employer or employee giving notice or an employee being dismissed) or until the terms are changed (usually by agreement between the employee and employer).If a person has an agreement to do some work for someone (like paint their house), this isn’t an employment contract but a ‘contract to provide services’
9 Employment Contract Accepting a contract As soon as someone accepts a job offer they have a contract with their employer. An employment contract doesn’t have to be written down.
10 Employee HandbookAn employee handbook or employee manual is a booklet that contains information on an organization’s policies and procedures. It is an excellent resource that presents all the information which employees need to know about their work and workplace. Thus, it facilitates the smooth functioning of a workplace
11 Employee Handbook•Employee manuals bring in uniformity across the organization. They set guidelines for everyone to follow and categorically state the consequences of violating these rules. Employee manuals inform employees of statutory laws regarding workplace behavior with colleagues and the management. Thus, they help prevent workplace conflicts and legal disputes
12 Employee HandbookAn employee handbook, sometimes also known as an employee manual or staff handbook, is a book given to employees by an employer. Usually, the employee handbook contains information about company policies and procedures. In the UK it may also form part of an employee’s terms and conditions of employment because if you employ five or more people, it is a requirement of the Health and Safety at Work etc Act to have a written statement of your health and safety policy.
13 Working time regulations The Working Time Directive 2003/88/EC is a European Union Directive, which creates the right for EU workers to a minimum number of holidays each year, paid breaks, and rest of at least 11 hours in any 24 hours; restricts excessive night work; and makes a default right to work no more than 48 hours per week.
14 Data protection actIf you handle personal information about individuals, you have a number of legal obligations to protect that information under the Data Protection Act 1998
15 Data protection actMost organisations (we use this term to include all data controllers, including sole traders, companies, and MPs) that process personal data must register (notify) with the ICO. Failure to notify is a criminal offence. However, there are some exemptions. By working through the online self-assessment you will be able to determine whether you need to register.
16 Data protection actOrganisations that are exempt from registration must comply with the other provisions of the Act, and may choose to register voluntarilyIndividuals who are processing personal data for personal, family or household affairs are exempt from registrationIf none of your processing is carried out on computer there is no requirement to notify Information commissioners office (ICO)
17 Personnel recordsPersonnel Records are records pertaining to employees of an organization. These records are accumulated, factual and comprehensive information related to concern records and detained. All information with effect to human resources in the organization are kept in a systematic order. Such records are helpful to a manager in various decision - making areas.
18 Equal opportunitiesEqual opportunity is a stipulation that all people should be treated similarly, unhampered by artificial barriers or prejudices or preferences, except when particular “distinctions can be explicitly justified such as qualifications and experience to do the task
19 Equal opportunitiesReligion, sex, ethnicity, race, caste, or involuntary personal attributes” such as disability, age, or sexual preferences should not be taken into consideration when considering someone for employment.
20 Sex Discrimination Act An Act to render unlawful certain kinds of sex discrimination and discrimination on the ground of marriage, and establish a Commission with the function of working towards the elimination of such discrimination and promoting equality of opportunity between men and women generally; and for related purposes
21 Race Relations ActThe Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race.Items that are covered include discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of goods and services, education and public functions.
22 Race Relations (Amendment) Act The Race Relations (Amendment) Act places a duty on public authorities such as universities and colleges when carrying out their functions to have “due regard” to the need to•eliminate unlawful racial discrimination•promote equality of opportunity, and•promote good relations between people of different racial groups
23 European Convention on Human Rights Any person who feels his or her rights have been violated under the Convention by a state party can take a case to the Court. Judgements finding violations are binding on the States concerned and they are obliged to execute them, The European court may award compensation to anyone who can prove their human rights have been violatedthe convention entered into force on 3 September 1953
24 The Human Rights ActThe Human Rights Act is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to go to the European Court of Human Rights in Strasbourg.
25 The Disability Discrimination Act The Disability Discrimination Act is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport
26 Grievance Procedures Formal procedures You can make a formal grievance complaint or face formal disciplinary action if you weren’t able to resolve your problem informally.
27 Grievance ProceduresIf you’ve tried solving a problem by talking to your manager but you’re not satisfied, you can make a formal grievance complaint.Your employer should put their grievance procedure in writing. You should be able to find this in your:company handbookhuman resources (HR) or personnel manualHR intranet siteemployment contract
28 Workplace appraisalsWorkplace appraisals actively involve employees understanding what is expected of them. By setting agreed objectives with your employer or line manager and then reviewing the results some weeks or months later, each employee is made responsible for their own performance. They are an opportunity to review strengths and weaknesses, to take an overall assessment of work content, loads and volume and to look back on what has been achieved already and to Set Goals and Objectives for the following period.
29 Discipline Procedures A company expects satisfactory standards of behaviour, conduct and attendance from all its employees. The disciplinary procedure provides a framework for dealing with instances where employees are alleged not to have met the required standards of conduct. The aim is to ensure prompt, consistent and fair treatment for all employees and to assist in enabling both the employee and the company to be clear about the expectations of both parties.
30 Discipline Procedures Trade Union Representatives – Where disciplinary action is being considered against an employee who is a trade union member the normal disciplinary procedure will be followed. Depending on the circumstances, however, and after obtaining the employee’s consent, it is advisable to discuss the matter at an early stage with an official employed by the union. As this will normally involve contact with the Regional Union Office this will be dealt with by Human Resources.
31 Discipline Procedures Criminal Offences - If an employee is charged with, or convicted of, a criminal offence (outside of employment) this will not normally in itself be considered a reason for disciplinary action. Consideration will be given to the relevance and effect the charge or conviction has to or on the employee’s suitability to do their job and their relationship with work colleagues and customers.
32 Discipline Procedures (general principles) 1 Informal Resolution - Company managers are responsible for addressing conduct and behaviour issues as early as possible and for taking appropriate action. Where appropriate, steps will be taken to resolve issues on an informal basis without recourse to the formal procedure.2 Investigation – Before disciplinary action is taken an investigation shall be undertaken.
33 Discipline Procedures (general principles) 3,Nature of allegations – The employee against whom an allegation has been made shall be advised in writing of the nature of the allegations made against him/her and will be given the opportunity to state his/her case before any decision is made to take disciplinary action.4 First breach of discipline -Dismissal will not be a sanction for a first breach of discipline except in the case of gross misconduct.
34 Discipline Procedures (general principles) 5. Suspension - At any stage in the procedure, if appropriate, an employee may be suspended. Suspension is not a penalty and is not an indication of culpability, there is therefore a presumption that suspension will be on full pay. The decision to suspend will be taken by a Senior Manager after consultation with HR.6 Right to be accompanied - All employees who are the subject of this procedure have the right to be accompanied at any formal meeting or disciplinary hearing held under the procedure by a trade union representative or work colleague.
35 Discipline Procedures (general principles) 7 Equality and Diversity - To ensure fair treatment and, where appropriate, provision of support by the company in the application of this procedure, employees should be invited to provide information about any equality or diversity issues which may be relevant.8 Confidentiality – All parties involved in these procedures must ensure that they maintain, as appropriate, the confidentiality of the process
36 Discipline Procedures (general principles) 9, Involvement of Human Resources – A member of the human resources team will be consulted and will advise on suspension, investigation and the formal procedure.10, Appeals against Sanctions including dismissal - Sanctions or warnings issued as a result of procedures will remain in force pending the outcome of any appeal.
37 Discipline Procedures (general principles) 11, Timescales - Whilst every endeavour will be made to comply with timescales, due to the complexity and or specific circumstances of cases, timescales may be extended. In such circumstances the employee will be advised of the reasons for any delay.
38 Training programmesFor a company to succeed in today's rapidly changing and competitive marketplace, it must increase workforce productivity and optimize organization-wide talent. With rapidly changing skill sets and job requirements, this becomes an even more difficult challenge for organizationsCompanies need training programmes in place
39 ApprenticeshipsAnyone aged 16 or over and not in full-time education can apply for an apprenticeship.Apprenticeships are work-based programmes that combine practical training with study. They take between 1 and 4 years to complete depending on the level of apprenticeship.
40 Apprenticeships An apprentice: works alongside experienced staff gains job-specific skillsearns a wagestudies - usually 1 day a week - towards a related qualification
41 Apprenticeships Levels of apprenticeship There are 3 levels in England:Intermediate – equivalent to 5 GCSE passesAdvanced – equivalent to 2 A level passesHigher Apprenticeships – lead to NVQ Level 4 or Foundation Degree
42 Further trainingCompanies can facilitate organisational training programmesThese can lead to promotionTransfer to other parts of the companyHigher education-day release to collegeGaining qualifications can lead to membership of professional bodies
43 Representative Bodies A trade union (British English), labour union (Canadian English) or labor union (American English) is an organization of workers who have banded together to achieve common goals such as protecting the integrity of its trade, achieving higher pay, increasing the number of employees an employer hires, and better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members (rank and file members) and negotiates labour contracts (collective bargaining) with employers. The most common purpose of these associations or unions is "maintaining or improving the conditions of their employment
44 Representative Bodies A professional association (also called a professional body, professional organization, or professional society) is usually a non-profit organization seeking to further a particular profession, the interests of individuals engaged in that profession, and the public interest.The roles of these professional associations have been variously defined: A group of people in a learned occupation who are entrusted with maintaining control or oversight of the legitimate practice of the occupation;also a body acting "to safeguard the public interest; organizations which represent the interest of the professional practitioners
45 Representative Bodies EEF, formerly the Engineering Employers' Federation, works with manufacturing, engineering and technology-based businesses in the UK.EEF is the largest sectoral employers' organisation in the UK. It aims to build an environment in which manufacturing businesses can evolve, innovate and compete in a fast-changing world.It delivers services at national level and local level through a network of regional offices throughout England and Wales
46 Representative Bodies EEF provides businesses with advice, guidance and support in employment law, employee relations, health, safety, climate and environment, information and research and occupational health.It also delivers internationally-recognised training and consultancy in the UK and overseas.EEF’s services help businesses manage compliance with their ethical and legal obligations, improve performance and gain competitive advantage.Through offices in London and Brussels, EEF provides political representation on behalf of UK business in the engineering, manufacturing and technology-based sectors: lobbying government, MPs, regional development agencies, MEPs and European institutions.
47 Representative Bodies Sector Skills Councils (SSCs) are independent, employer-led, UK–wide organisations. The SSCs and the UK Commission are committed to working in partnership across the four nations to create the conditions for increased employer investment in skills which will drive enterprise and create jobs and sustainable economic growth. They share a belief that the sectoral approach is the most effective way to do this.
48 Representative Bodies The network of licensed Sector Skills Councils provides the employer leadership to address skills needs within and across sectors. The SSC licence is the unique identifier which signals to employers and government that they are a focal point for raising skills in sectors to drive enterprise, jobs and growth.
49 Investors in PeopleLaunched in 1991 Investors in People is a business improvement tool administered by UK Commission for Employment and Skills and supported by the Department for Business, Innovation and Skills (BIS).Though UK-based, the Standard has been licensed to a number of other countries through Investors in People International.
50 Investors in PeopleInvestors in People International operates in more than 70 countries across the globe, and can deliver Investors in People services in more than 20 languages
51 Investors in PeopleInvestors in People is a flexible, tailored and easy to use framework that helps organisations like yours to achieve business objectives – transforming and improving performance.With a focus on developing and harnessing the skills of your people, Investors in People can help you to achieve real results and continuous improvement – whether you are small business, multi-sited company, school or large public body.
52 Investors in PeopleYour organisation is unique, with its own strengths, challenges and priorities. And so with Investors in People, you set the agenda – meaning that you can focus the framework around the business priorities that matter most to you.
53 Investors in People The Standard is based on four key principles: Commitment - The company must commit to IIP•Plan – Developing strategies to improve the performance of the organisation•Do – Taking action to improve the performance of the organisation•Evaluate – Evaluating the impact on the performance of the organisation.