First Job Task: Know Your Rights
The Employment Rights Act 1996 is a UK law that sets out the rights and responsibilities of employers and employees. It covers work hours, holidays, pays, rests breaks, redundancy and dismissal. The Act also protects employees from unfair treatment in the workplace. It gives workers the right to challenge their employer if they feel they have been treated unfairly or discriminated against. The Act also protects those who are pregnant or on maternity leave.
Key Provisions of the Original Act
1. Working Hours: The Act sets out the maximum number of hours an employee can work in a week, which is 48 hours. It also states that employees must have at least 11 consecutive hours of rest each day and one day off each week.
2. Holidays: The Act entitles employees to 5.6 weeks of paid holiday per year (28 days for a full-time worker). This includes bank holidays and public holidays.
3. Pay: The Act sets out the minimum wage employers must pay their staff, which is currently £8.72 per hour for those aged 25 or over (April 2020). It also states that employers must provide payslips and keep accurate records of wages paid.
4. Rest Breaks: Employees are entitled to 20 minutes rest break if they work more than 6 hours in one shift and 11 consecutive hours of rest between shifts.
5. Redundancy: If an employer needs to make redundancies, they must follow certain procedures set out by the Act, such as consulting with affected employees before making any decisions and providing reasonable notice periods for those affected by redundancy.
The right to be told key employment terms
The Employment Rights Act 1996 states that employers must provide employees with written particulars of employment within two months of starting work. These particulars should include details such as the employee’s job title, work hours, pay rate, and holiday entitlement. The employer must also provide a statement of other terms and conditions that apply to the employee’s job. This includes information about disciplinary and grievance procedures, sick pay entitlements and any other benefits provided by the employer.
Disclosures and detriment
The Employment Rights Act 1996 states that it is unlawful for an employer to subject an employee to a detriment such as a dismissal or demotion because they have made a ‘protected disclosure’. A protected disclosure is when an employee makes a complaint about their employer or raises concerns about any illegal activity taking place in the workplace. The Act also states that employers must not victimise employees who make such disclosures.
Sundays, time off and suspension
The Employment Rights Act 1996 states that employers must not require employees to work on Sundays unless it is necessary for the business. Employees are also entitled to reasonable time off for public duties such as jury service or military service. The Act also states that employers must not suspend an employee without pay, except in certain circumstances, such as gross misconduct.
Dismissal: notice and reason
The Employment Rights Act 1996 states that employers must provide employees with reasonable notice of dismissal and the reasons for it. The amount of notice required will depend on the employee’s length of service, but it must be at least one week for employees who have been employed for more than one month. Employers must also provide a written statement of the reasons for dismissal if the employee requests.
Unfair dismissal
The Employment Rights Act 1996 states that employers must not dismiss employees without a fair reason. An employer must be able to show that the dismissal was for one of the following reasons: capability or qualifications, conduct, redundancy, illegality or some other substantial reason. The Act also states that employers must follow a fair procedure when dismissing an employee, such as holding a disciplinary hearing and allowing the employee to appeal against any decision made.
Redundancy payments
The Employment Rights Act 1996 states that employers must provide employees with a redundancy payment if they are made redundant. The amount of the payment will depend on the employee’s length of service and age, but it must be at least one week’s pay for every year of service. Employees who have been employed for more than two years are also entitled to
Employer insolvency
The Employment Rights Act 1996 states that employees are entitled to be paid any wages or holiday pay owed to them if their employer becomes insolvent. The Act also states that employees are entitled to receive redundancy payments and notice pay if they are made redundant due to the insolvency of their employer.
Subsequent amendments to the Act
Protection for whistleblowers
The Employment Rights Act 1996 states that it is unlawful for an employer to subject an employee to a detriment because they have made a ‘protected disclosure’. A protected disclosure is when an employee makes a complaint about their employer or raises concerns about any illegal activity taking place in the workplace. The Act also states that employers must not victimise employees who make such disclosures.
Holiday pay reference periods
The Employment Rights Act 1996 states that employers must use a reference period of 12 weeks when calculating employee holiday pay. This means the amount of holiday pay an employee is entitled to will be based on their average earnings over the previous 12 weeks. The Act also states that employers must not reduce an employee’s holiday pay if they take more than their statutory entitlement in one year.
Itemised payslips
The Employment Rights Act 1996 states that employers must provide employees with itemised payslips. This means that employers must provide employees with a payslip which sets out the amount of pay they have received, any deductions made from their pay and the net amount of pay they have received. The Act also states that employers must provide employees with a written statement of the reasons for any deductions from their pay.
Increased fines for non-compliance
The Employment Rights Act 1996 states that employers who fail to comply with the Act’s provisions can be liable for a fine. The fine will depend on the severity of the breach, but it can be up to £5,000 for an individual and up to £20,000 for a company. In addition, employers may also be liable for compensation payments to employees if they are found to have breached their rights under the Act.
Other changes
The Employment Rights Act 1996 include:
• The introduction of a statutory minimum wage.
• Protection for employees who are on fixed-term contracts.
• Protection for employees who are taking part in trade union activities.
• The right to request flexible working arrangements.
• Protection from discrimination and harassment in the workplace.
• The right to be accompanied by a work colleague or trade union representative at disciplinary or grievance hearings.
• The right to receive written reasons for dismissal.
• A limit on the time an employee can be kept on ‘garden leave’ (where they are not allowed to work but still receive their wages).
Conclusion
In conclusion, the Employment Rights Act 1996 provides a range of protection for UK employees. It includes provisions to protect whistleblowers, calculate holiday pay correctly, and provide itemised payslips. It also introduces a statutory minimum wage, protection from discrimination and harassment and the right to request flexible working arrangements. Employers who fail to comply with the Act’s provisions can be liable for fines or compensation payments.
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FAQs
What is the legal definition of an employee UK?
The legal definition of an employee in the UK is someone with a contract of employment with an employer. This means that they have agreed to work for the employer in return for payment, and the employer has agreed to provide them with work and pay them for it.
What types of workers are protected by employment law?
The Employment Rights Act 1996 protects all workers in the UK, regardless of their employment status. This includes employees, agency workers, casual workers, part-time, and fixed-term contract workers. It also covers those who are self-employed but who personally provide services to a business or organisation.
Does the Employment Rights Act 1996 still exist?
Yes, the Employment Rights Act 1996 still exists. The Employment Rights Act 1996 is a UK law that sets out the rights of employees and employers in the workplace. It covers areas such as working hours, holidays, pay, redundancy and dismissal. It also protects employees from unfair treatment by their employers.
