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

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.