Report On Aspects of Employment Covered by Law Essay
Report On Aspects of Employment Covered by Law
Britain has a deficit crisis, from which the only escape route, is economic growth. Growth needs to be encouraged in every way possible. I’m now working in Health and Social Care, it’s my first job here in the UK.I find that here in Great Britain has loads of legislation designed to ensure that discrimination on certain grounds is unlawful, and also protect workers like me.
This report will cover pieces of aspects of employment covered by legislation relevant to this area, outlining why legislation relating to employment exists and the list of sources of information and advice about employment responsibilities and rights:
The Equality Act 2010
The Equality Act 2010 consolidates the previous nine pieces of equality legislation based on protected characteristics to create, for the first time in Great Britain, unified equality legislation. The nine protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Among other things, the Act simplifies or clarifies the definitions of direct discrimination (including association and perception), indirect discrimination, harassment and victimisation and extends positive equality duties to public authorities which must have due regard to the need to eliminate discrimination, advance equality of opportunity, and foster good relations between different groups. The definition of disability under the law has changed such that a person who ahs a “physical or mental impairment that has long-term adverse effect on their ability don’t have to show that their impairment affects a particular capacity. The definition of gender reassignment has also been change-stating that this apply to “ a person who is proposing to undergo, is undergoing or has undergone process to change their sex”.
Sex Discrimination Act 1975
The Sexual Discrimination Act of 1975 was introduced to protect individuals from discrimination on the grounds of gender. Sexual Discrimination can take many forms. It is essential to understand that sexual discrimination is judged to be unwanted attention by the victim of the behaviour, not the perpetrator.
Discrimination was set out in two forms:
Direct Discrimination- simply stated that one person is treated less favourably than another based on gender. Indirect Discrimination –on the other is quit complex, this takes place if a requirement or condition is imposed, which has nothing to with gender but in practices.
The Sex Discrimination Act also made it unlawful; to discriminate on the ground of marital status.
Equal Pay Act 1970/1975
It simply states that Men and Women should receive equal pay for work of equal value.
Human Rights Act 1998
The Human Right Act 1998 was introduced by Parliament and came into force in October 200. There are different article in this Act. Theses include:
Article 2- everyone’s right to life shall be protected by law. Article 3- no one shall be subjected to degrading treatment. Article 5- everyone has the right to liberty and security of a person. Article 8-eeryone has the right to respect for his private and family life and his correspondence. Article 9- everyone has the right to freedom of thought, conscience and religion. Article 12- men and women of marriageable age have the right to marry and found a family. Article 14- the enjoyment of these rights and freedoms set forth in this Convention shall be secured without discrimination on any ground.
Police and Criminal Evidence Act 1984
Establishes the rights of all people arrested by the police. Detainees have the right to legal advice and right to notify person who is likely interested in their welfaire.
Civil Partnership Act 2004
This establishes the right of same sex couples to enter into a civil partnership. This is not marriage but is a relationship of equivalent seriousness and commitment.
Health and Safety
Health and safety is important to every work that we do. The legislation of health and safety is generally covered by statutory regulations. These legislations are:
Health and Safety at Work Act 19 74
Employers have a duty to ensure the health and safety at work for all employees, provide and maintain equipment and system in safe condition and provide information, training and supervision relating to health and safety at work. Managers have the duty to maintain a safe working environment for all staff, ensuring that staffs follow policies, procedures and instructions. Give well information about hazard and safe working to new members of staff and also to report or record any accidents. Employees have duty to follow rules and regulation at work, ensure that they use materials in recommended procedures and not misuses anything provided for health ,safety and welfare.
Food Safety Act 1990
This applies wherever food is supplied other than within a family situation. This Act is a wide ranging piece of legislation which strengthened and updated existing laws relevant to food and safety.
Annual leave entitlements should be agreed when an employee starts work, details of holidays and holiday pay should be found in the employee’s written statement or contract of employment. Most workers are legally entitled to 5.6 weeks paid holiday per year (this is known as statutory entitlement). Part time worker are entitled to the same amount of holiday (pro rota) as full time colleagues. Employers can set the times when workers can take their leave – for example a Christmas shut down. If employment ends workers have the right to be paid for any leave due but not taken. There is no legal right to paid public holidays
Employers must give men and women equal treatment in the terms and conditions of their employment contract if they are employed to do: ‘like work’ – work that is the same or broadly similar work rated as equivalent under a job evaluation study
Work found to be of equal value in terms of effort, skill or decision making. Employees are also entitled to know how their pay is made up. For example, if there is a bonus system, everyone should know how to earn bonuses and how they are calculated.
National Minimum Wage
Most workers in the UK over school leaving age are entitled to be paid at least the NMW. The NMW rates are reviewed each year by the Low Pay commission. Most workers will be entitled to the National Minimum Wage (NMW). Normally the NMW rate changes in October each year.
There are no exemptions according to the size of business.
HM Revenue & Customs can take employers to court for not paying the NMW.
II. Outlining why legislation relating to employment exist:
Legislation relating to employment exists to stop exploitation of workers by their employers mainly to protect the rights of their employee’s
and to make sure that they have everything they need such as:
* Minimum wage
* Safety standards
* Holiday entitlement
* Maternity leave
* Redundancy payments
* Discrimination laws
* Maximum working hours
* Age requirement
All employees need to have all good things that protect them from unscrupulous bosses.
III. Sources of information and advice about employment and rights: * Contract- All employees have an employment contract with their employer. A contract is an agreement that sets out an employee’s:
These are called the ‘terms’ of the contract.
* Handbook- An employee handbook, sometimes also known as an employee manual or staff handbook, is a book given to employees by an employer. Usually, the employee handbook contains information about company policies and procedures. * Policy documents – is a deliberate system of principles to guide decisions and achieve rational outcomes. A policy is a statement of intent, and is implemented as a procedure or protocol. Policies are generally adopted by the Board of or senior governance body within an organization whereas procedures or protocols would be developed and adopted by senior executive officers.
* Terms and conditions -Terms and conditions of employment are the elements of a contract which help to define the relation between an employer and an employee
* Job description – A broad, general, and written statement of a specific job, based on the findings of a job analysis. It generally includes duties, purpose, responsibilities, scope, and working conditions of a job along with the job’s title, and the name or designation of the person to whom the employee reports. Job description usually forms the basis of job specification.
University/College: University of California
Type of paper: Thesis/Dissertation Chapter
Date: 21 September 2016
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