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Employment Law

Employment Law. Jim Reeves Communication Workers Union. 1. A brief overview. Most employment rights and an employer’s liabilities to them only flow if you have employees who would generally have a contract of employment THE BARE MINIMUM The right to join a Trade Union

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Employment Law

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  1. Employment Law Jim Reeves Communication Workers Union 1

  2. A brief overview • Most employment rights and an employer’s liabilities to them only flow if you have employees who would generally have a contract of employment • THE BARE MINIMUM • The right to join a Trade Union • The right to be accompanied by a Trade Union • Written statement of employment particulars within 2 months • Minimum Wage £5.52 (£5.73 from 1st October)‏ • Working Time Regulations – Holidays, 48 hour average week, meal breaks • Flexible Working Regulations, Maternity & Paternity Leave • Statutory notice periods • Statutory Redundancy – after 2 years - and consultation • The right not to be unfairly dismissed - after 12 months of continuous employment • The right not to be discriminated against - from day one of employment 2

  3. Statutory Disciplinary and Grievance Procedures • Health warning – Enacted in 2004 and will be repealed April next year • Government propose new Bill to include : • New short ACAS code • ACAS guidelines • Still provide for additional penalty (25% uplift) upon employers if ACAS code not satisfied but Tribunals given wide discretion 3

  4. Statutory Disciplinary Procedure Three step process 1 Letter of notification to employee 2 A fair hearing 3 An Appeal Failure to comply will lead to automatic unfair dismissal at Employment Tribunal and an uplift in any award (10 to 50% uplift)‏ 4

  5. Statutory Grievance Procedure • Three step process • 1 Employee must set out grievance in writing • 2 A meeting held to discuss the grievance • 3 The right to appeal if employee not satisfied • Failure to comply by employers will lead to breach of Statutory Procedure and an uplift in any award (10 to 50%). • For employees they must comply with Step 1 and wait 28 days before lodging claim with Tribunal 5

  6. Unfair Dismissal & Discrimination Conduct, Capability, Redundancy, Retirement, Some other substantial reason Sex, Race, Disability, Age, Religion or Belief, Sexual Orientation, Part Time and Fixed Term Workers, Union membership • The right not to be unfairly dismissed - after 12 months of continuous employment • The right not to be discriminated against - from day one of employment More on these subjects at the Workshop where we can discuss these types of complaints and Employment Tribunals 6

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