Employer Rights and Responsibilites
Employer Rights and Responsibilites
Their are certain laws in place which cover employment. Employment law is likely to have a profound impact on employees throughout their working lives. It governs the employment of every employee and working in the UK. Any worker or employee working in the UK is entitled to certain employment rights, and protected by employment law. Employment law does not always work in the favour of the employed as it also protects the rights of employers too. There are numerous employment rights. It is important for these laws to be fully understood, otherwise it is possible to end up going down the route of unfair dismissal and discrimination claims.
It is vital an employee stays on top of the law with regard to the following: Breach of contract, Workplace Bullying, Compromise Agreements, Constructive Dismissal , Data Protection, Disciplinary procedures and suspension, Discrimination, Flexible Working, Health and Safety, Holidays, Maternity and Paternity rights, Redundancy, Sexual Harrassment and Sickness Absence. Many pieces of lawful legislation have been grouped together into more recent Acts which cover existing Acts known as regulations and identified as statutory fundaments of the more recent act implemented.
Please see below laws and legislations which cover employment: Employment Rights Act 1996 – This act is the main act which covers majority of the areas in employent. These areas will be covered in the worklace as company policies and procedures, which will outline the laws and legislations in place. It includes the protection of wages, Guarantee payments, protection from suffering detriment in employment, time off work, dependants, study and training, suspension from work, Maternity-Adoption-Paternity-Parrental leave, flexible working, termination of employment, unfair dismissal and redundancy.
National Minimum Wage Act 1988 – Creates a minimum wage across the United Kingdom, currently ? 6. 19 per hour for workers aged 21 years and older, ? 4. 98 per hour for workers aged 18-20 years old. This act too effect on 1st April 1999. There was no national minimum wage before 1988 and often workers were most vulnerable to low pay. The national minimum wage act is universally applicable to anyone who has a contract to do work, except for a consumer or a client. The Working Time Regulations 1998 – a United Kingdom statutory instrument which regulate the time that people in the UK may work.
The regulations apply to all workers and not just employees. The regulations stipulate minimum rest breaks, daily rest, weekly rest and the maximum average working week. It sets a default rule which, although one may opt out of it, that workers may work no more than 48 hours per week. It also grants a mandatory right to paid annual leave of at least a minimum of 28 days (including bank holidays and public holidays). It creates the right to a minimum period of rest of 20 minutes in any shift lasting over 6 hours. Disability Discrimination Act 2005 – This act ensures that people with a disability are treated fairly.
This act enables disabled people to have equal rights with accessing their local community, using public transport, working and applying for jobs and joining clubs. Renting out a property, study and education. Equality Act 2010 – This act requires equal treatment in access to employment as well as private and public services, regardless of the protected characteristics of age disability, gender, reassignment, marriage and civil partnership, race, religion or belief, sex and sexual orientation. In the case of gender there are special protections for pregnant women.
In the case of disability, employers and service providers are under a duty to make reasonable adjustments to their workplaces to overcome barriers experienced by disabled people. Sex Discrimination Act 1975 – This is an Act of the Parliament of the United Kingdom which protects men and women from discrimination on the grounds of sex or marriage. Health and Safety at Work etc. Act 1974 – This act defines the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety and welfare within the United Kingdom.
The act defines general duties employers, employees and contactors, suppliers of goods and substances for use at work, persons in control of work premises, and those who manage and maintain them, and persons in general. The act lays down certain principles for the management of health and safety at work, enabling the creation of specific requirements through regulations enacted at statutory instruments or through codes of practices.
The following are some of the statutory instruments that lay down detailed requirements: Control of Substances Hazardous to Health Regulations 2002 (COSHH) Management of Health and Safety at Work Regulations 1999 Personal Protective Equipment (PPE) at Work Regulations 1992 Health and Safety (First Aid) Regulations 1981 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 There was also the intention with this Act to simplify the existing complex and confused system of legislation.
This act sets out the objectives for securing the health, safety and welfare of persons at work; protecting persons other than those at work against risks to healtha nd safety arising out of or in connection of activities of persons at work; controlling the keeping and use of explosive or highly flammable or otherwise dangerous substances, and generally preventing the unlawful acquisition, possession and use of such substances. Having used various resources to research for this question on employment law, I have taken the time to go through my own company policies and procedures folders.
There are three large folders for policies and procedures all of which cover all the government laws, legislatons and regulations expected to be followed. I have chosen to continue this question by referring to a number of my company policies and procedures, their key features and identifying which government law, legislation and regulation they support. RIDDOR – Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 – Outlines the requirements and arrangements for incidents which are legally required to be reported to the Health and Safety authorities.
Some types of incidents may be reported to the health and safety authorities and also be reported as a clinical incident to the care quality commission. Fire Safety – This supports the regulatory reform Fire Safety Order 2005. Outlines the arrangements which are implemented to enable fire safety risks at the company premises to be assessed and to identify adequate physical and procedural controls including key elements such as staff training essential to be implemented. It outlines the responsibilities and fire safety risk assessment.
There are details for what is essential to be put into a fire safety risk assessment such as fired doors, fire exits and alarms. First Aid – This outlines the necessary procedures to be carried out for service users, staff or visitors to be treated for injury or sudden illness promptly and safety until placed in the care of a professional or moved to hospital. It supports the government laws of Health and Safety at Work etc. Act 1974, Health and Safety (First Aid) Regulations 1981 and Health and Safety (Safety Signs and Signals) Regulations 1996.
Stated within is how records of first aid treatment should be made along with first aid training to be completed and refreshed at the correct times, usually necessary for renewal every 12 months. COSHH – Control Of Substances Hazardous to Health 2002 – In place to ensure all health and safety risks of hazardous substances are assesed and controlled in accordances with the legal requirements. It supports the following lawful legislation in place; The Dangerous Substances and Explosive Atmospheres Regulations 2002, Health and Safety at Work etc.
Act 1974, Management of Health and Safety at Work Regulation 1999 and Personal Protective Equipment at Work Regulations 1992. The company undertakes a wide rang of activities which can have a potential to expose employees and others to substances hazardous to their healt and safety. The purpose of the policy is to lay down a consistant approach to undertaking risk assessments of such work and to implement controls, so as to achieve effective protection of employees and ensure consistency.
Manual Handling – Intended to ensure the provision of equipment to minimise the moving and handling of patients manually by staff. It supports Health and Safety at Work etc. Act 1974 and Manual Handling Operations Regulations 1992. It explains how manual handling is one of the most common causes of injuy at work and can lead to serious injuries. It expects appropriate practical training to be given before manual handling takes place. There must be a risk assessment in place. Explained within is the correct equipment required for manual handling to be carried out correctly.
Any injuries at work sustained are required for the person to complete an accident form. Before a person who has injured themselves can resume with manual handling activities they must have an occupational health assessment. PPE – Personal Protective Equipment – Aims for protective clothing suitable for work to be provided. It supports Health and Safety at Work etc. Act 1974, Management of Health and Safety at Work Regulations 1999, Ionising Radiatiosn Regulations 2002, Control of Lead at Work Regulations 2002 and Personal Protective Equipment at Work Regulations 2002.
I It expects protective items to be provided. Equipment such as hearing protection, eye protection, protective footwear, a protective mask or respirator, high visibility clothing, a welding visor or a hard hat, aprons, latex gloves etc. There is a high degree of user choice as to when and whether the protection is worn. Often the procedure to ensure people are using the protective equipment provided is a result of a disciplinary action. Employees do not pay for PPE, the company is to provide this.
University/College: University of Chicago
Type of paper: Thesis/Dissertation Chapter
Date: 2 October 2016
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