Handout 3: Employment legislation PowerPoint presentation Understand employer organisations Handout 3: Employment legislation

Introduction Employment legislation exists to protect both the employer and the employee. Employment legislation covers a number of areas and the following are the main laws and regulations.

Equality Act 2010 This Act protects people from discrimination and incorporates the following previous legislation: Sex Discrimination Act 1975 Race Relations Act 1976 Disability Discrimination Act 1995.

Discrimination is classed as: direct indirect harassment victimisation. The law also states that the fact that the discrimination was unintentional is not a defence. Discrimination is classed as: Direct Discrimination ‘where on racial grounds alone a person is treated less favourably than others would be treated or is segregated’ and Indirect Discrimination, ‘where a requirement or condition is applied to all people, but it is a requirement a) with which very few people in a smaller racial group can comply and b) which the employer cannot show is justifiable and c) which is to the detriment of that person because he or she can’t comply with it.’ Harassment – unwanted behaviour linked to discrimination that violates someone’s dignity or creates an offensive environment for them. Victimisation – treating someone unfairly because they have complained about discrimination or harassment. Race discrimination may be permitted in employment in certain circumstances, ie where there is a genuine requirement, eg involvement in a dramatic performance or entertainment; working in a place where food or drink is provided; where a person of a particular racial group is required for reasons of authenticity; where the provision of personal services relating to the welfare of people from a particular racial group require to be provided by a person from that racial group.

Types of discrimination – protected characteristics age being or becoming a transsexual person being married or in a civil partnership being pregnant or having a child disability race including colour, nationality, ethnic or national origin religion, belief or lack of religion/belief sex sexual orientation.

Organisational obligations Equality legislation affects buildings where there is general public access, and in order to fulfil their obligations, organisations may amongst other things install ramps for wheelchair access install door opening buttons install lifts include Braille signage fit a disabled toilet with wide access. Where any arrangements place an individual with a disability at a substantial disadvantage in comparison with individuals who are not disabled, the employer is legally obliged to make reasonable adjustments such as adjustments to premises, altering working hours to suit, acquiring or modifying equipment.

Other Employment Acts Employment Rights Act 1996 protects against unfair dismissal, redundancy gives time off for parenting enforces a minimum wage monitors conditions for agency workers. Employment Relations Act 2004 covers union membership and industrial action.

Working Time Regulations 1998 Protect you from being forced to work long hours. You cannot be forced to work more than an average of 48 hours (including overtime). Your employer must maintain records that show the hours you work. They can ask you to 'opt out' of this agreement and ask you to work above this limit of 48 hours. Also allows for employees to have 11 hours' rest in every 24 worked and a rest period of 24 hours in every seven days a 20 minute break when working more than 6 hours four weeks paid holiday each year. This 48 hour maximum working week is calculated as a maximum average working time of 48 hours over seven days. This is normally worked out over a period of 17 weeks. So you work out the average hours you have worked each week by adding up all the hours you worked in a 17 week period and then dividing them by 17. If you chose to opt out you can at any time (within a specified period of notice) chose to terminate this agreement and return to working 48 hours or less. If you do choose to opt out, a copy of your agreement must be kept and a record of the hours worked retained. Employers can specify that certain days are included in the minimum paid leave of four weeks, such as bank and public holidays. It should be noted there are specific regulations for those workers who are aged 15 to under 18. Within this category there are differences from the above. For example, the rest period of 11 hours in any 24 hours is raised to 12 hours in any 24 hours and they must also receive 2 days off in any week. They also must receive a 30 minute break when working more than 6 hours.

Disciplinary and dismissal procedures (DDP) Cover how an employer should discipline or dismiss any employee. The employee must always have the right of appeal. An appeal/grievance procedure must also be put in place.