8 Meeting the terms of the contract A contract of employment is a legallybinding agreement between an employer and employee. Employees should be issued with a contract within eight weeks of starting a job.When an employee signs a contract of employment they are expected to abide by its terms. These include:express terms – terms which are expressly stated in the contract of employment – e.g. the employee agreesto start work at a particular time.implied terms – terms which are not written down but are taken to be agreed, usually because they are obvious – e.g. the employee agrees to be honest.
12 Following health and safety regulations The full Workplace (Health, Safety and Welfare) Regulations 1992 document can be found at:
13 Employee rights and payment All employees have the right to be paid a wage or salary in accordance with the details of their contract of employment.Employees are, by law, entitledto receive an itemized payslip to accompany each paymentof their wages. This sets out each element of their pay, including the gross pay and net pay, and any deductions, including tax.Under the law, all permanent employees also have a right to:a minimum of twenty days’ paid holiday a yearpaid sick leaveredundancy pay (for two or more years’ service).
14 Employee rights and payment The National Minimum Wage is set by the government and states the minimum amount that all employees aged sixteen and over must be paid per hour. Employers who do not pay the minimum amount can face fines of up to £200.Different rates of minimum wages apply to employees ofdifferent ages. Do you know what the current nationalminimum wage is for adults (aged 22 and over), youngworkers (aged 18-21) and workers aged 16-17?Adults (22 and over):As of October 2006, the minimum wage is £5.35 for adults, £4.45 for young workers and £3.30 for year olds.Note that for employees under 16, there is no minimum wage protection.Updated information about the minimum wage can be found at:Young workers (18-21):Workers aged 16-17:
17 Employee rights and data protection The Data Protection Act 1998 gives all employees the right to view any personal information their employer has on fileabout them. Under the Act, companiescan only hold sensitive information about someone – such as their ethnic origin – with the individual’s permission, and must not pass on personal data to other parties without their employee’s consent.The Information Commissioner’s Office (ICO) is responsible for enforcing data protection in the workplace. An employee can complain to the ICO if their employer has denied them access to information, or if they feel personal data about themhas been misused.For further information about the Data Protection Act and its enforcement, refer to:
23 The Race Relations ActThe Race Relations Act 1976 makes it illegal for anemployee to be discriminated against on the grounds oftheir race, colour, nationality or ethnic origin.Employees are protected against all forms of direct and indirect discrimination at all stages of the employment process, including recruitment, training, promotion and dismissal.The Race Relations Act can be found in full at:The Commission for Racial Equality website is atIf an employee feels they have been discriminated against on racial grounds, they can take their case to an employment tribunal. The Commission for Racial Equality (CRE) provides advice and guidance to help deal with disputes.
26 Equal opportunities in the workplace Note that the example of indirect sex discrimination is such because only offering benefits to full-time employees will affect more women then men because women are more likely to be working part-time.
27 Question time!1.Identify three rights of an employer and three rightsof an employee.2.What is the difference between a statutory and acontractual legal right? Give one example of each.3.What are the basic duties of all employers andemployees under the Health and Safety at Work Act?Employers have the right to expect their employees to meet the terms of the contract, e.g. work the number of hours specified, to comply with health and safety regulations and to co-operate in meeting the business’s objectives. Employee rights include the right to be paid, to work in a safe environment and to be allowed to join trade unions.A statutory right is a legal right that applies to everyone, for example the right not to be discriminated against. A contractual right is a right stated in the employee’s contract of employment, for example to right to start work at a set time.Employers are obliged to provide a safe working environment and employees have a duty to work safely.Discrimination means treating someone differently because of their gender, race, age or because they have a disability. Two laws which protect employees against unfair treatment are the Disability Discrimination Act 1995 and the Equal Pay Act 1970.What is meant by the term discrimination? Nametwo laws which protect employees against unfairtreatment.4.
28 Who wants to be an A* student? Answers:eight weeksstaff not to take holidays2048 hours per weekpersonal information held about themselvesemployees under 16themselves and othersone dayUNISON20 minutes