3. Employment law - Invented in the 1960s
1963 “it may be correct to regard the importance of the law in relation to
employment law as minimal”
1965
Redundancy
Payments
Act
Contracts of
Employment
Act 1963
1970
Equal Pay
Act
1971
Industrial
Relations
Act
1975 Sex
Discrimination
Act
Anti-discrimination
law
4. Current landscape
Employment Rights Act 1996
Employment Tribunal
ACAS
Equality Act 2010
Transfer of Undertakings (Protection of Employment)
Whistleblowing
Protection for part-time, fixed-term, agency workers
Tribunal fees (£160-£950)
£74,000 cap
5. The Employment Relationship
Agreed terms Fair treatment
Trust and confidence Protection and security
A personal contract to
perform work or
labour
6.
7. Employees and workers
Employees only Employees and workers
Unfair dismissal (2 years) National Minimum Wage
Redundancy (2 years) Max 48 hour working week
Right to minimum notice of termination Right to holidays and breaks under WTR
SMP, SPP Right to be accompanied at disciplinary hearings
Implied terms – eg trust and confidence Protection for part-time workers
8. How can you tell if you are an employee
or a worker?
CONTROL TEST
Who is in charge?
How much control is exerted?
MUTUALITY OF
OBLIGATIONS TEST
There have to be duties on both sides –
one side to provide work, the other side to
perform the work
9. Hires own staff
Degree of control
exercised
Degree of
financial risk
Provides own
equipment
Responsibility for
investment and
management
Opportunity to
make a profit
Intention of the
parties
Business-like
set-up
Continuity of
person
performing the
services
Other clients
Degree of
integration into the
business
Able to send
substitute
uniform
10. An employee
o An obligation to provide work personally
o Mutuality of obligation between employer and employee
o An element of control by the person regarded as the employer
11. Working as a freelancer – the good
• Broad range of experience
• Pick and choose when to work
• Choose what work to do
• Flexible working hours
• Freedom
12. The bad
o Stress
o Can’t say no
o Conflicting priorities / deadlines
o Never switch off
13. And the ugly
o No employment rights
o No job security
o No sick pay
o No paid holiday
o No right to claim unfair dismissal
o No right to a redundancy payment
o No SMP,SPP etc
14. Working as a freelancer
Make sure you have terms and
conditions governing the
relationship between you and the
end user:
notice required to end the
arrangements
payment of invoices
right to send a substitute
15. A basic contract of employment
S1 Employment Rights Act 1996
An employer must send a written statement of terms of conditions within 2 months
of commencement of employment
16. Information required by s1ERA1996
Name of employer and employee
Date employment began and date of
continuous employment
Place of work
Job title or job description
Scale/rate of pay,
intervals/date/method
Notice periods
Holiday entitlement (inlc BHs)
Overtime
Pensions
Working abroad
Collective agreements
Disciplinary & Grievance procedures
17. Other
information
The offer letter
The contract of employment
The staff handbook
Other places where you might find
information about the terms and
conditions of your employment
22. Illegality Retirement
EMPLOYEE CANNOT CONTINUE IN ROLE
DUE TO A LEGAL REQUIREMENT
- TEACHER MUST HAVE CRB
- TAXI DRIVER NEEDS DRIVING LICENCE
NATIONAL DEFAULT RETIREMENT AGE =
65
24. Some other
substantial
reason
A mop up
There might be any number of
reasons why employment just can’t
continue
Breakdown in relationships is the
most common
