An introduction to employment law for students of other subjects

1. Employment Law in the
Workplace
Katy Morgan Smith
Askews Legal

2. History of employment

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

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

18. Unfairdismissal
Two years’service

19. Potentially fair reasons for dismissal
Conduct
Capability
Illegality
Redundancy
Retirement
Some Other Substantial Reason

20. Conduct
Behaviour
Warnings
Usually on notice
Gross misconduct = one-off,
summary dismissal, no notice,
immediate effect

21. Capability
Performance
Competence
Qualifications
Not summary dismissal
Opportunity to improve
Review
Targets set

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

23. Redundancy
Company closes
Branch closes
Type of work changes
Place of work changes

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

25. Procedure
Letter setting out the reason
for the meeting
Hearing
Appropriate place
Right to be accompanied

26. Employment Tribunals
Big decline in cases
brought
Fees
A issue £160
hearing £230
B issue £250
hearing £950
ACAS early
conciliation