EMPLOYMENT LAW – DO’S AND DON’TS By Catherine Parsons

AGENDA Employment Status – different types of workers; deciding what is right for your business Employment myths – the urban myths that you don’t need to worry about Employee rights – the key points that you do need to be aware of Offers and Contracts – the documents you will need and what they must include

EMPLOYMENT STATUS EMPLOYEES Full employment rights You control how, where, when they do the work Mutual obligation to provide/perform the work They carry out the work personally SELF-EMPLOYED Have a business in their own right You are their customer They invoice you for the work done Not protected by employment law

EMPLOYMENT STATUS WORKERS Partial employment rights Agency workers, some contractors, zero hours workers Are required to perform the work themselves Don’t have their own business and may just work for you at any one time

EMPLOYMENT MYTHS You need to employ 5 people before affected by employment law You cannot dismiss someone if they are off sick You need to be able to PROVE an employee did wrong, before you can take any action Employment law makes employers powerless You cannot give an employee a ‘bad’ reference

EMPLOYMENT RIGHTS CONTRACT Employees have legal right to receive their terms of employment in writing – whether called a contract or not If there is no Contract document – contract still exists, it’s just verbal If it’s verbal, it’s open to dispute Contract is the main thing that protects you

EMPLOYMENT RIGHTS HOLIDAYS Employees are entitled to paid time off for rest and recreation Can’t pay people in lieu for it (unless leaving) 28 days per year (pro rata part time) Can include bank hols if your business is closed on those days You do have some say in when they take it Can deduct money for any excess holiday taken when they leave (if in contract)

EMPLOYMENT RIGHTS SICKNESS Statutory and Company sick pay Statutory is fixed by Government - £88.45 per week Up to 28 weeks Kicks in after first 3 days of sickness (whether working days or not) Employee must follow your rules to notify you of sickness Company sick pay – optional extra benefit You ‘top up’ SSP to person’s normal pay Usually for a set period of time e.g. 5 days per year

EMPLOYMENT RIGHTS WORKING TIME Sets limit on: how many hours employees can work How much rest they need to have between working days Their breaks during the day Employees can choose to opt out of some measures Limit on hours = 48 per week (in 17 week period) Limit applies across however many jobs they have Rest periods – if working more than 6 hrs = 20 min break 11 hours consecutive rest between working days One day off in 7 or two in 14 days worked

EMPLOYMENT RIGHTS FAMILY LEAVE AND PAY Employees have a ‘day one’ right to time off if having or adopting a child Time off may or may not be paid – need 6 months’ service for pay Mother giving birth – qualifies for maternity leave (52 weeks) Her partner – of either gender – qualifies for paternity leave (2 weeks)

EMPLOYMENT RIGHTS ADOPTION Employee of either gender adopting – main carer qualifies for adoption leave (52 weeks) His/her partner – of either gender – qualifies for paternity leave (same as if birth) SHARED PARENTAL LEAVE Latest development is the introduction of ‘shared parental leave’ Main carer will start her/his maternity/adoption leave BUT - 2 weeks after the child’s arrival…. She/He can switch to Shared leave and divvy up the remainder of the 52 weeks with her/his partner

EMPLOYMENT RIGHTS SHARED PARENTAL LEAVE Allows both parents to be off work at the same time or to alternate Allows them to share the maternity/adoption pay Also allows them to break the leave into (up to) 3 discontinuous periods until first anniversary of child’s arrival YIKES!!! :-/

EMPLOYMENT RIGHTS TIME OFF FOR DEPENDANTS Allows time off to deal with emergencies relating to a dependant (unpaid) Dependant is broader than ‘child’, it can be parent, partner, elderly neighbour…. Emergency relates to accident, illness, death, breakdown of care arrangements BUT Purpose of time off is to deal with the immediate emergency Should only be 1-2 days

EMPLOYMENT RIGHTS UNLAWFUL DISCRIMINATION Day One right – not just employees, also workers Discrimination itself is not unlawful Discrimination is just having a preference It only becomes unlawful if it is on grounds of a particular Protected Characteristic

EMPLOYMENT RIGHTS PROTECTED CHARACTERISTICS Sex (gender) Pregnancy or maternity Marital status (Civil partnership) Sexual orientation Gender reassignment Race (nationality, colour, ethnic origin) Religion or belief (or lack of) Age Disability

EMPLOYMENT RIGHTS OUR DUTY AS EMPLOYER We need to make sure no-one is treated less favourably on the grounds of a Protected Characteristic RECRUITMENT You are REQUIRED to choose one person and reject the rest The rejected job applicant could bring claim – not just employed people When recruiting – keep a note for yourself, why you rejected people Keep paperwork for up to 6 months after recruitment

EMPLOYMENT RIGHTS RECRUITMENT PITFALLS Pregnant job applicant Disabled job applicant Older/younger job applicant than you expected

OFFERS AND CONTRACTS 8 weeks to put main terms in writing Contract = protection for business Contracts do not have to be in writing to be binding Offer + Acceptance = Contract Verbal contracts leave you open to disputes Use your Contract as a written job offer If they want the job – they need to accept all the terms

WRITTEN TERMS Names of parties Date employment began If not permanent, date when it will end Job title and brief job description Place of work Wages or salary and intervals will be paid Hours of work Holiday entitlement

WRITTEN TERMS Sick leave and pay entitlement Pension entitlement (contracting out certificate) Entitlement to notice (for both parties) Details where disciplinary rules are found Details where grievance procedure can be found Existence of any collective agreements Details if will be required to work outside UK for more than one month at a time