Employment law is always a tricky area, not least because it has evolved slowly over the decades and is now also affected by European law. Much of the work a personnel manager or HR department has to deal with involves how an employer treats it's workforce. Whilst every employer is interested in having a happy and productive staff, there are times when they have to get they must take difficult decisions about certain employees or offices and that is when the law needs to be applied properly. If you feel that your employer is not applying employment law accurately, then you should contact a specialist in employment law.
Most employment law is universal and applies to pretty much everyone, but there are exceptions - for example the armed services. hey are a case in point with regards to the minimum wage. there are other categories for whom the minimum wage does not apply, but in most cases, anyone working either full-time or part-time for an employer must be paid the minimum wage. This applies even if the worker has agreed a lower rate. the payments are banded according to age, and apprentices have a special rate of their own. But they are enshrined in law and the employer can be fined if they abuse this. Check out the government website for the current rates, as they do change regularly.
You are also entitled to holidays and statutory working hours. If you work full time, you are entitled to 28 days paid holiday, including bank holidays. You are not entitled to take bank holidays as days off automatically - your employer may insist you work them, but you will get another day off instead. Employees should not work more that 48 hours per week and requires that workers are given regular breaks. However, there are exceptions, like the emergency services, and the employee may opt out of the these restrictions.
Maternity leave has some fixed regulations. Mothers can take up to 52 weeks maternity leave. If the woman has been employed for 26 weeks before the 15th week before the baby's due date, she can take paid maternity leave. For mothers it is usually 90% of her salary for the first 6 weeks and then a set amount for the next 33 weeks. If the father wishes to take paternity leave outside of his usual paid holiday, he too will receive a reduced salary.
Dismissal procedures are also tightly governed by the law. In most cases the law applies to worker who have been with the company for at least a year, sometimes two. If your contract states a dismissal procedure, then the employer must abide by this. There must be a valid reason to dismiss an employee. The most common ones are: poor conduct, lack of ability, redundancy and situations where continuing the contract would contravene legislation. In many cases employers try hard to be open and fair when dismissing an employee because if the process is not done properly, the employer may be taken to an employment tribunal. Usually the employer will give the worker notice of the grievance and have a meeting with them (they may be accompanied by a colleague or trade union representative) to discuss the allegations. The worker will have the right to appeal against any formal decision that is made.
If you are made redundant, the employer will need to show that either, the business is closing, that particular workplace is closing, or that the position the worker holds is no longer needed. However, the employer should try to find an alternative position within the company for the worker if it is practical. When deciding on who should be made redundant, the company must try to be as objective as possible. If you have been employed for more than 2 years, you will be entitled to a statutory redundancy package.
Most employment law is universal and applies to pretty much everyone, but there are exceptions - for example the armed services. hey are a case in point with regards to the minimum wage. there are other categories for whom the minimum wage does not apply, but in most cases, anyone working either full-time or part-time for an employer must be paid the minimum wage. This applies even if the worker has agreed a lower rate. the payments are banded according to age, and apprentices have a special rate of their own. But they are enshrined in law and the employer can be fined if they abuse this. Check out the government website for the current rates, as they do change regularly.
You are also entitled to holidays and statutory working hours. If you work full time, you are entitled to 28 days paid holiday, including bank holidays. You are not entitled to take bank holidays as days off automatically - your employer may insist you work them, but you will get another day off instead. Employees should not work more that 48 hours per week and requires that workers are given regular breaks. However, there are exceptions, like the emergency services, and the employee may opt out of the these restrictions.
Maternity leave has some fixed regulations. Mothers can take up to 52 weeks maternity leave. If the woman has been employed for 26 weeks before the 15th week before the baby's due date, she can take paid maternity leave. For mothers it is usually 90% of her salary for the first 6 weeks and then a set amount for the next 33 weeks. If the father wishes to take paternity leave outside of his usual paid holiday, he too will receive a reduced salary.
Dismissal procedures are also tightly governed by the law. In most cases the law applies to worker who have been with the company for at least a year, sometimes two. If your contract states a dismissal procedure, then the employer must abide by this. There must be a valid reason to dismiss an employee. The most common ones are: poor conduct, lack of ability, redundancy and situations where continuing the contract would contravene legislation. In many cases employers try hard to be open and fair when dismissing an employee because if the process is not done properly, the employer may be taken to an employment tribunal. Usually the employer will give the worker notice of the grievance and have a meeting with them (they may be accompanied by a colleague or trade union representative) to discuss the allegations. The worker will have the right to appeal against any formal decision that is made.
If you are made redundant, the employer will need to show that either, the business is closing, that particular workplace is closing, or that the position the worker holds is no longer needed. However, the employer should try to find an alternative position within the company for the worker if it is practical. When deciding on who should be made redundant, the company must try to be as objective as possible. If you have been employed for more than 2 years, you will be entitled to a statutory redundancy package.
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