NGSU Regional Councils – Feb/Mar 2014 Employment Contracts Nationwide Group Staff Union

NGSU Regional Councils – Feb/Mar 2014 Agenda Overview of Contracts Employment Rights Contract Types at NBS Terms and Conditions Example of a Contract For information only – not legal advice!

NGSU Regional Councils – Feb/Mar 2014 Employment Contracts An agreement that sets out an employee’s: –terms & conditions –duties & responsibilities A contract can be: –written –verbal –based on Custom and Practice

NGSU Regional Councils – Feb/Mar 2014 Contract Terms Contracts consist of: –Express terms written into the contract, a staff handbook or collective agreement –Implied terms assumed to exist because of the relationship between employer and employee mutual trust and confidence –Custom and Practice a form of implied term based on what actually happens in the workplace –Incorporated terms added or amended by a ‘collective agreement’

NGSU Regional Councils – Feb/Mar 2014 Employment Rights Contracts include –Statutory Rights legal minimum void without them –Enhanced terms exceed statutory minimums e.g. redundancy terms –Custom and Practice Reflect normal or regular practice

NGSU Regional Councils – Feb/Mar 2014 Employment Rights The entitlement to statutory rights depends on employment status –Employee –regular work; told what to do; covered by policies; employer deducts tax & NI; can’t send substitute; equipment provided –Worker –no obligation to work; described as casual or as required (zero- hours); expected to carry out the work; tax & NI deducted; equipment provided –Self-Employed –Submits invoices for work done; pays own tax & NI; can hire in help; no direct supervision; provides own equipment

NGSU Regional Councils – Feb/Mar 2014 Employment Rights Anti-discrimination Health & Safety Equal Pay Agency Worker Conduct Regs Unfair Dismissal Statutory redundancy pay Right to request flexible working Maternity, paternity and adoption leave Paid time off for TU activity Statutory notice Equal treatment for fixed- term contract staff Rights for Employees Rights for Workers Whistleblowing Blacklisting Right to be Accompanied 48-hour working time limit Statutory breaks and Statutory paid holidays Protection from detriment for TU activities Unlawful deductions from pay National Minimum Wage Equal treatment of agency workers Rights for the Self Employed Source: TUC Workplace manual

NGSU Regional Councils – Feb/Mar 2014 Employment Rights Employees have a right to written statement of terms and conditions within two months of starting –can be a letter of appointment, contract or separate statement Time Limits –first day rights (Discrimination/H&S) –26 weeks rights (Paternity Leave) –Two year rights (Unfair dismissal/Redundancy)

NGSU Regional Councils – Feb/Mar 2014 Changes to Contract Contracts can be changed by –Agreement between employer and employee –By collective agreement (incorporation) –Notice and re-hire Breach of Contract –Tribunal (resigned or dismissed) –County Court (still employed)

NGSU Regional Councils – Feb/Mar 2014 Employment Rights European Directives –Part-Time Workers –Fixed-Term Workers –Working Time Directive UK Law and Regulations –Employment Rights Act –Equality Act Case Law –USDAW v Ethel Austin Ltd

NGSU Regional Councils – Feb/Mar 2014 Contract Types at NBS Several Contract Types –Branch Network Contract –9to5 Contract –8to8 Contract –6to10 (Flexible) Contract –Shift Contract –SFC Contract Flexible Working Variations –Part-Time –Fixed-Term –Homeworking –Term Time –Job Share

NGSU Regional Councils – Feb/Mar 2014 Contract Types at NBS Contracts clauses vary over time! 8to8 Working Hours (extract) –From time to time, you may be required to change the hours and days you work in order to meet business needs. Reasonable notice will be given of this requirement. As far as possible, your personal circumstances will be taken into account when your working pattern and unpaid break is determined. This will be carried out by your line manager in consultation with you at appropriate intervals and will depend on the business needs. [2003] –Your working pattern, which means the hours you work and the days on which you work, will be as advised by your manager. Your working pattern can be altered by the business to cover the hours of its operation. Changes to your working pattern may be for a temporary, longer term or permanent basis. The amount of notice you may receive for changes to your working pattern will vary in relation to the change required and circumstances involved. [2010]

NGSU Regional Councils – Feb/Mar 2014 Terms & Conditions Statutory Rights Collective Agreement –Negotiation/Consultation –Harmonisation (Regional Brands) Contractual Terms –Key terms; other terms Policies and Procedures Discretionary Terms

NGSU Regional Councils – Feb/Mar 2014 Terms and Conditions Key Documents –Letter of Appointment –Contract Employment –HR Policies –Contractual Terms Handbook –Recognition and Procedure Agreement –Joint Statements –Letters of variation

NGSU Regional Councils – Feb/Mar 2014 Terms and Conditions Recognition Agreement –NGSU sole TU for collective bargaining –Negotiable Items pay ranges; amount of money for distribution at pay review; hours in basic working week; holiday; location allowances; pension contributions and benefits; FPM bonus –Dispute Process ACAS Binding Pendulum Arbitration –Consultation Mutually acceptable solutions

NGSU Regional Councils – Feb/Mar 2014 Terms and Conditions New Employees –Introduce different terms Red-circling –London Allowances ‘Eventing’ –An event that triggers a change of contract type

NGSU Regional Councils – Feb/Mar 2014 Example Contract Branch Network Contract 8to8 Contract Flexible Contract