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Employment Rights & Responsibilities Presentation


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Employment Rights & Responsibilities Presentation

  1. 1. Employment Rights & Responsibilities The Apprentice’s Guide
  2. 2. Health & Safety <ul><li>What is Health & Safety at Work? </li></ul><ul><ul><li>A legislation written to ensure an employee’s safety and well being in the work place. </li></ul></ul><ul><ul><li>It is the employers responsibility to ensure and employee is protected whilst at work. </li></ul></ul>
  3. 3. Health & Safety <ul><li>What are the employer’s responsibilities? </li></ul><ul><ul><li>Implementing measures identified by risk assessments </li></ul></ul><ul><ul><li>Appoint competent people to implement appropriate measures </li></ul></ul><ul><ul><li>Set up emergency procedures </li></ul></ul><ul><ul><li>Provide clear information & training to employees </li></ul></ul><ul><ul><li>Work together with other employers in the same workplace </li></ul></ul>
  4. 4. Health & Safety <ul><li>What are your responsibilities? </li></ul><ul><ul><li>to take reasonable care of your own health and safety </li></ul></ul><ul><ul><li>if possible avoid wearing jewellery or loose clothing if operating machinery </li></ul></ul><ul><ul><li>if you have long hair or wear a headscarf, make sure it's tucked out of the way </li></ul></ul><ul><ul><li>to take reasonable care not to put other people - fellow employees and members of the public </li></ul></ul><ul><ul><li>to co-operate with your employer, making sure you get proper training and you understand the company's health and safety policy </li></ul></ul>
  5. 5. Health & Safety <ul><li>What are your responsibilities? </li></ul><ul><ul><li>not to interfere with or misuse anything that's been provided for your health, safety or welfare </li></ul></ul><ul><ul><li>to report any injuries, strains or illnesses you suffer as a result of doing your job </li></ul></ul><ul><ul><li>to tell your employer if something happens that might affect your ability to work (eg becoming pregnant or suffering an injury). Because your employer has a legal responsibility for your health and safety, they may need to suspend you while they find a solution to the problem, but you will normally be paid if this happens. </li></ul></ul>
  6. 6. ‘ Safe Learner’ Project <ul><li>Used to promote reduction of accident to learners, many of whom are employed on LSC funded programmes. </li></ul><ul><li>In particular, the project aimed to identify what characterises a safe learner and how supervisors could encourage safe behaviours amongst learners. </li></ul>
  7. 7. Company Health & Safety Policy <ul><li>Responsibilities in your work place? </li></ul><ul><ul><li>Health and safety officer.................... </li></ul></ul><ul><ul><li>Manager.......................................... </li></ul></ul><ul><ul><li>Supervisor....................................... </li></ul></ul><ul><li>Overall and final responsibility for Health and Safety is that of the Managing Director </li></ul><ul><li>Day-to-day responsibility for ensuring health and safety policy is put into practice is delegated to the Manager. </li></ul>
  8. 8. Company Health & Safety Policy <ul><li>Accident reporting </li></ul><ul><ul><li>First aid boxes located in the following places: </li></ul></ul><ul><ul><li>(in your work place.....................................) </li></ul></ul><ul><ul><li>All accidents and cases of work related ill health are to be recorded in the accident book. This is located................................ </li></ul></ul><ul><ul><li>The Managing Director is responsible for reporting accidents, diseases and dangerous occurrences to the enforcing authority </li></ul></ul>
  9. 9. Contract of Employment <ul><li>A contract of employment is an agreement between an employer and an employee. Your rights and duties, and those of your employer, are called the ‘terms' of the contract. </li></ul><ul><li>The contract doesn’t have to be in writing, but you’re entitled to a written statement of the main terms within two months of starting work. </li></ul>
  10. 10. Contract of Employment <ul><li>Written statements </li></ul><ul><ul><li>If you are an employee, you must get a ‘written statement of employment particulars’ setting out some of your main terms. Your employer must give you this within two months of starting work. </li></ul></ul><ul><ul><li>If the terms of the contract change, your employer must give you the new information in writing within one month. </li></ul></ul>
  11. 11. Contract of Employment <ul><ul><li>Terms of Contract </li></ul></ul><ul><ul><ul><li>The statement must include: </li></ul></ul></ul><ul><ul><ul><ul><li>pay , hours of work </li></ul></ul></ul></ul><ul><ul><ul><ul><li>holiday entitlement </li></ul></ul></ul></ul><ul><ul><ul><ul><li>sick pay arrangements </li></ul></ul></ul></ul><ul><ul><ul><ul><li>notice periods </li></ul></ul></ul></ul><ul><ul><ul><ul><li>information about disciplinary and grievance procedures </li></ul></ul></ul></ul><ul><ul><ul><li>You must adhere to the terms and conditions on your contract of employment whether written or verbal </li></ul></ul></ul>
  12. 12. Working hours <ul><li>Your normal working hours should be set out in your contract of employment. Unless you choose to (or you work in a sector with its own special rules) you should not have to work more than 48 hours a week on average. </li></ul><ul><li>The Health & Safety Executive govern the Working Time Regulations in the UK. </li></ul>
  13. 13. Working hours <ul><li>The ‘48-hour week’ rule </li></ul><ul><ul><li>Most workers should not have to work more than an average of 48 hours a week, according to the Working Time Regulations. </li></ul></ul><ul><ul><li>Your average working hours are calculated over a 17-week period. You can work more than 48 hours in one week as long as the average is less than 48. </li></ul></ul><ul><ul><li>There are special rules for some workers, such as young workers, trainee doctors and mobile workers in the transport industry. </li></ul></ul>
  14. 14. Working hours <ul><li>Young workers </li></ul><ul><ul><li>If you are under 18 and over school leaving age (you are under school leaving age until the end of the summer term of the school year in which you turn 16) you are classed as a young worker. </li></ul></ul><ul><ul><li>Young workers cannot usually be made to work more that eight hours a day or 40 hours a week. These hours can't be averaged over a longer period. There are some exceptions to these rules. </li></ul></ul>
  15. 15. Working hours <ul><li>What counts as work? </li></ul><ul><ul><li>As well as carrying out your normal duties, your working week includes: </li></ul></ul><ul><ul><ul><li>job-related training   </li></ul></ul></ul><ul><ul><ul><li>job-related travelling time (for example, if you're a sales rep) </li></ul></ul></ul><ul><ul><ul><li>working lunches </li></ul></ul></ul><ul><ul><ul><li>time spent working abroad, if you work for a UK-based company </li></ul></ul></ul><ul><ul><ul><li>paid and some unpaid overtime </li></ul></ul></ul><ul><ul><ul><li>time spent 'on-call' at the workplace </li></ul></ul></ul>
  16. 16. Working hours <ul><li>What doesn’t count as work? </li></ul><ul><ul><li>breaks when no work is done, such as lunch breaks </li></ul></ul><ul><ul><li>normal travel to and from work </li></ul></ul><ul><ul><li>time when you're 'on call' away from the workplace </li></ul></ul><ul><ul><li>evening and day-release classes </li></ul></ul><ul><ul><li>travelling outside of normal working hours </li></ul></ul><ul><ul><li>unpaid overtime where you volunteer to do so, for example, staying late to finish something off </li></ul></ul><ul><ul><li>paid or unpaid holiday </li></ul></ul><ul><ul><li>sick leave </li></ul></ul><ul><ul><li>maternity, paternity and adoption leave </li></ul></ul>
  17. 17. Working hours <ul><li>Sick pay rights </li></ul><ul><ul><li>What you're entitled to be paid when you're off sick varies from job to job, and there are also different sick pay schemes in operation - but there is advice available if you have problems. </li></ul></ul><ul><ul><li>Your employer may set out how you should tell them that you are sick (eg ring in before a certain time of the day). Usually you'll be able to self-certify for a week of illness; beyond that a doctor's note is usually required. </li></ul></ul>
  18. 18. Working hours <ul><li>How much sick pay you'll receive </li></ul><ul><ul><li>If you take time off from work due to illness, your pay depends on the terms of your contract of employment. </li></ul></ul><ul><ul><li>If your employer runs their own sick pay scheme you should be paid what you are due under that. If you aren't entitled to anything under a company scheme, your employer should still pay you Statutory Sick Pay (SSP) if you're eligible. </li></ul></ul><ul><ul><li>As an Apprentice, you are not eligible to receive SSP due to level of earnings and tax payable. </li></ul></ul>
  19. 19. Working hours <ul><li>Reporting sick </li></ul><ul><ul><li>You must call before 9.00am on everyday you cannot attend due to sickness and report to a senior member of staff. </li></ul></ul><ul><ul><li>If your sickness lasts longer than 5 working days, a doctor’s certificate will be required </li></ul></ul>
  20. 20. Working hours <ul><li>Maternity Pay </li></ul><ul><ul><li>To help you to take time off work both before and after your baby is born, you may be able to get Statutory Maternity Pay (SMP), a weekly payment from your employer. </li></ul></ul><ul><ul><li>Who is eligible? </li></ul></ul><ul><ul><li>To qualify for Statutory Maternity Pay you must have been: </li></ul></ul><ul><ul><ul><li>employed by the same employer continuously (some breaks do not interrupt continuous employment) for at least 26 weeks into the 15th week before the week your baby is due; and </li></ul></ul></ul><ul><ul><ul><li>earning an average of at least £90 a week (before tax) </li></ul></ul></ul>
  21. 21. Working hours <ul><li>Maternity Pay </li></ul><ul><ul><li>How much do you get? Statutory Maternity Pay is paid for a maximum period of 39 weeks. It is paid: </li></ul></ul><ul><ul><ul><li>at 90 per cent of your average gross weekly earnings with no upper limit for the first six weeks; and </li></ul></ul></ul><ul><ul><ul><li>for the remaining 33 weeks at either the standard rate of £123.06 or 90 per cent of your average gross weekly earnings (if this 90 per cent rate is less than the standard rate) </li></ul></ul></ul>
  22. 22. Working hours <ul><li>Maternity Pay </li></ul><ul><ul><li>How and when to claim To claim Statutory Maternity Pay you must tell your employer at least 28 days before the date you want to start your Statutory Maternity Pay. Your employer may need you to tell them in writing. </li></ul></ul><ul><ul><li>You can change your mind about the date you want to start your Statutory Maternity Pay, but you must still give your employer at least 28 days' notice of the new date. </li></ul></ul><ul><ul><li>You must also give your employer medical evidence of the date when your baby's due. This is normally on the maternity certificate, form MATB1, that your doctor or midwife will issue no earlier than 20 weeks before the week your baby is due. </li></ul></ul>
  23. 23. Rights & Responsibilities <ul><li>Apprentices’ rights </li></ul><ul><ul><li>Apprentices and trainees are entitled to have the opportunity to learn all the skills of their trade or traineeship though their on-the-job training in the workplace. They should expect to be trained by a suitably-qualified or experienced person and to have the chance to learn how to use the tools and equipment commonly found in that industry. </li></ul></ul><ul><ul><li>Apprentices and trainees are also entitled to be given every opportunity to complete the formal training specified the training plan and delivered by the registered training organisation. </li></ul></ul><ul><ul><li>Apprentices and trainees are entitled to receive payment for their work in accordance with the relevant industrial award or agreement and to work a healthy and safe working environment free of any form of harassment. </li></ul></ul>
  24. 24. Rights & Responsibilities <ul><li>Apprentices’ responsibility </li></ul><ul><li>Apprentices and trainees must make every effort to acquire the skills and knowledge they need to successfully complete their apprenticeship or traineeship by: </li></ul><ul><ul><li>accepting instruction and training in the vocation given by the employer or by a workplace supervisor </li></ul></ul><ul><ul><li>attending scheduled training delivered by the registered training organisation </li></ul></ul><ul><ul><li>completing assignments and other assessment tasks set </li></ul></ul><ul><ul><li>maintaining record books or work evidence guides where necessary </li></ul></ul>
  25. 25. Rights & Responsibilities <ul><li>National Minimum Wage Act </li></ul><ul><li>With a few exceptions, all workers in the UK aged 16 or over are legally entitled to be paid a minimum amount per hour. This is regardless of the kind of work they do or the size and type of company. The rate is reviewed every year, and any increases take place in October. </li></ul>
  26. 26. Rights & Responsibilities <ul><li>National Minimum Wage Act The rates from 1 October 2009 are: </li></ul><ul><li>Adults (which means people aged 22 and over), £5.80 an hour </li></ul><ul><li>Workers aged 18-21, £4.83 an hour - the 'development rate‘ </li></ul><ul><li>Young people (those older than school leaving age and younger than 18; you're under school leaving age until the end of summer term of the school year in which you turn 16), £3.53 an hour </li></ul><ul><li>Apprentices under the age of 19 are not entitled to the National Minimum Wage. Apprentices who are 19 or over and in the first 12 months of their apprenticeship are not entitled to the National Minimum Wage. </li></ul>
  27. 27. Rights & Responsibilities <ul><li>National Minimum Wage Act Almost everyone who works in the UK is legally entitled to be paid the National Minimum Wage. This is the case even if an employer asks a worker to sign an employment contract at a lower rate of pay. </li></ul><ul><li>It isn't necessary to be in full-time employment, or to work at an employer's premises. For example, you are entitled to receive the minimum wage if you are: </li></ul><ul><ul><li>employed by an agency, a homeworker, a part-time worker, a casual worker, a pieceworker, a worker on a short-term contract </li></ul></ul><ul><li>However, you are not entitled to receive the minimum wage if you are: </li></ul><ul><ul><li>a worker under school leaving age, genuinely self-employed, some apprentices, an au pair, in the armed services, a voluntary worker </li></ul></ul>
  28. 28. Grievance and Disciplinary <ul><li>These policies seek to establish disciplinary rules and procedures to deal with staff misconduct. Further it aims to ensure that the procedures have full regard to, and are consistent with, all the requirements of legislation. </li></ul><ul><li>Disciplinary rules and procedures are necessary for promoting fairness and order in the treatment of individuals and in the conduct of employee relations </li></ul>
  29. 29. Grievance Procedure <ul><li>An informal approach between employee and line manager is often the best way to proceed </li></ul><ul><li>Employees should inform the employer of their grievance </li></ul><ul><li>Hold a meeting in private and remind the employee of their right to be accompanied </li></ul><ul><li>Consider a response: </li></ul><ul><li>- inform the employee in writing of your decision </li></ul><ul><li>- arrange an appeal if necessary </li></ul><ul><li>A more senior manager should hold the appeal (where possible) </li></ul>
  30. 30. Disciplinary Procedure <ul><li>First formal action </li></ul><ul><li>In cases of misconduct, employees will be given a written warning setting out the nature of the misconduct and the change in behaviour required. </li></ul><ul><li>The warning will also inform the employee that a final written warning may be considered if misconduct is repeated. A record of the warning is kept on file, it will be disregarded for disciplinary purposes after a specified period (eg, six months). </li></ul>
  31. 31. Disciplinary Procedure <ul><li>Final written warning </li></ul><ul><li>If the employee has a current warning about conduct or performance then further misconduct or unsatisfactory performance (whichever is relevant) may warrant a final written warning. This may also be the case where ‘first offence’ misconduct is sufficiently serious, but would not justify dismissal. Such a warning will remain current for a specified period, normally 6 months, and contain a statement that further misconduct or unsatisfactory performance may lead to dismissal. </li></ul>
  32. 32. Disciplinary Procedure <ul><li>You can appeal against the decision if you think: </li></ul><ul><ul><li>the decision was wrong </li></ul></ul><ul><ul><li>unfair procedures were used </li></ul></ul><ul><ul><li>the punishment is too harsh </li></ul></ul><ul><ul><li>new evidence has come to light </li></ul></ul><ul><li>Your grounds for appeal should be reasonable. Minor breaches of procedures, or your personal feelings, won’t usually change the decision. </li></ul><ul><li>The appeals process is similar to the disciplinary procedure: </li></ul><ul><ul><li>you write a letter giving reasons for appealing </li></ul></ul><ul><ul><li>there’s a meeting, usually with a more senior manager than the first meeting - you have the right to be accompanied to the meeting </li></ul></ul><ul><ul><li>a final decision is made </li></ul></ul>
  33. 33. Data Protection Act <ul><li>The Data Protection Act gives individuals the right to know what information is held about them. It provides a framework to ensure that personal information is handled properly. </li></ul><ul><li>The Act works in two ways. Firstly, it states that anyone who processes personal information must comply with eight principles, which make sure that personal information is: </li></ul><ul><ul><li>Fairly and lawfully processed </li></ul></ul><ul><ul><li>Processed for limited purposes </li></ul></ul><ul><ul><li>Adequate, relevant and not excessive </li></ul></ul><ul><ul><li>Accurate and up to date </li></ul></ul><ul><ul><li>Not kept for longer than is necessary </li></ul></ul><ul><ul><li>Processed in line with your rights </li></ul></ul><ul><ul><li>Secure </li></ul></ul><ul><ul><li>Not transferred to other countries without adequate protection </li></ul></ul>
  34. 34. Industry Laws & Guidelines <ul><li>The Copyright Act makes it illegal to copy and use a file or software without the owner's permission. </li></ul><ul><li>  </li></ul><ul><li>The Computer Misuse Act makes it illegal to... </li></ul><ul><ul><li>gain unauthorised access to a computer's software or data ( hacking ) - including the illegal copying of programs. </li></ul></ul><ul><ul><li>gain unauthorised access to a computer's data for blackmail purposes. </li></ul></ul><ul><ul><li>gain unauthorised access to a computer's data with the intention of altering or deleting it. This includes planting viruses . </li></ul></ul><ul><ul><li>Sending inappropriate E-mails </li></ul></ul><ul><ul><li>copying programs illegally ( software piracy ) </li></ul></ul><ul><ul><li>A conviction may lead to a fine and a 5-year prison sentence. </li></ul></ul>
  35. 35. Team Work <ul><li>Communication </li></ul><ul><ul><li>It is important to have good communication skills when working as a team as it helps to build relationships and promote good working practice especially when there are customers to consider. </li></ul></ul><ul><li>Contributing </li></ul><ul><ul><li>Its important that you make a good contribution to team activities as “more hands make light work” and improve team morale. </li></ul></ul>
  36. 36. <ul><li>T ogether </li></ul><ul><li>E veryone </li></ul><ul><li>A chieves </li></ul><ul><li>M ore </li></ul>
  37. 37. National Occupational Standards <ul><li>National Occupational Standards (NOS) : </li></ul><ul><li>define the competences which apply to job roles or occupations in the form of statements of performance, knowledge and the evidence required to confirm competence. They cover the key activities undertaken within the occupation in question under all the circumstances the job holder is likely to encounter </li></ul>
  38. 38. National Occupational Standards Sets the standards for IT related occupations & set apprenticeship frameworks. The aim of Acas (Advisory, Conciliation and Arbitration Service) is to improve organisations and working life through better employment relations.
  39. 39. Anti-Discrimination Law <ul><li>Different kinds of discrimination? </li></ul><ul><ul><li>Age </li></ul></ul><ul><ul><li>Gender </li></ul></ul><ul><ul><li>Race </li></ul></ul><ul><ul><li>Religion </li></ul></ul><ul><ul><li>Disability </li></ul></ul><ul><ul><li>Sexual Orientation </li></ul></ul>
  40. 40. Anti-Discrimination Law <ul><li>What is discrimination? </li></ul><ul><li>Direct discrimination This occurs when a person is treated less favourably than another in a comparable situation because of their racial or ethnic origin, religion or belief, disability, age or sexual orientation. </li></ul><ul><li>An example of direct discrimination is a job advert, which says &quot;no disabled people need apply.&quot; However, in reality discrimination often takes more subtle forms. That’s why indirect discrimination is also covered. </li></ul>
  41. 41. Anti-Discrimination Law <ul><li>What is discrimination? </li></ul><ul><li>Indirect discrimination This discrimination occurs when an apparently neutral provision, criterion or practice would disadvantage people on the grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation. </li></ul><ul><li>An example of this is requiring all people who apply for a certain job to sit a test in a particular language, even though that language is not necessary for the job. </li></ul>
  42. 42. Anti-Discrimination Law <ul><li>The Equal Pay Act 1970 is an Act of the United Kingdom Parliament which prohibits any less favourable treatment between men and women in terms of pay and conditions of employment. </li></ul><ul><li>The Race Relations Act 1976 was established by the British Parliament to prevent discrimination on the grounds of race. Items that are covered include discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of goods and services, education and public functions. </li></ul>
  43. 43. Anti-Discrimination Law <ul><li>The Disability Discrimination Act 1995 (DDA 1995) is a UK parliamentary act of 1995, which makes it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport. </li></ul>
  44. 44. Please ask your employer if you have any other Questions.