Employment Law Facts

 
Recruitment

It is illegal to discriminate against candidates on the grounds of

It is illegal to employ a person who does not have permission to work in the UK.

All employers must offer equal terms and conditions to fixed term workers and give part timers access to the same terms and conditions as their full time equivalents.

Men and women must receive equal pay for like work, work which is broadly similar, work which is assessed as equal under a job evaluation scheme and work of equal value.

There is a Data Protection Code of Practice which lays down mandatory standards for the collection and processing of data during the recruitment process.

Written Statements of Terms and Conditions of Employment

Employers must provide statements to all employees within 8 weeks of the start of their employment. The Employment Rights Act 1996 specifies the information that must be included.

Working Time

Unless agreed through a defined procedure, employees may not be required by their employer to work more than an average of 48 hours per week, averaged over 17 weeks, or extended to 52 weeks by mutual agreement.

There is entitlement to 3 types of rest break:

• Daily: an 11 hour break in every 24 hour period in which they work
• Weekly: 24 hours in every 7 days (can be averaged over 14 days)
• During the working day: where work more than 6 continuous hours, a break of 20 minutes (under age 18, entitled to a break of 30 minutes after 4 hours)

Employees are entitled to 5.6 weeks paid holiday per year (pro rata for part time employees).

National Minimum Wage (NMW).

This is the legal minimum hourly rate, excluding tips, gratuities, etc., that all employers must pay their workers in the UK. It covers almost all workers, and the hourly rate payable is dependent on the age of the worker. The rates are updated every year, usually in October. 

The rates that apply from 1 October 2010 are as follows:

• for workers aged 22 years or more - £5.93 per hour
• for workers aged 18 to 21 inclusive - £4.92 per hour
• for workers aged under 18 (but above compulsory school age) - £3.64 per hour 

Since 2005 output/piece workers must be paid either for the hours worked at NMW or a fair piece rate (based on 120% of the time that a worker performing at average speed would take produce the piece of perform the task in question). Example: if an adult 'average worker' can produce 10 items in an hour then a fair piece rate is £5.93 x 120% /10 or 71.2p per piece.

Right to Request Time to Train

Since 2010 employees (aged over 18) in businesses in England, Scotland & Wales, with more than 250 employees have had the right to request time off to train (Apprenticeship, Skills, Children & Learning Act 2009) provided they have at least 26 weeks service. It's currently planned that this right is to be extended to all business in 2011.

The training objective must be to acquire specific skills relevant to their job, workplace or your business. If agreed training

If you'd like more information about the above, its possible application to your business, or any other aspect of employment legislation please Contact Us.