Changes to Employment lawOverview
Equality Act 2010 ensures that is a right of every citizen of the UK to get the job without anydiscrimination. Equality Act 2010 minimises the discrimination on the basis of age, race, sex etc.Employment agreement is a legal and valid document. It is made between employer and employee toregulate the relationship of the employment. It is also known as contract of service.
Terms and conditions
It is a document that records the terms and conditions of the employment between employer andemployee. It is a document that describes the role of the employee in the organisation. It is the documentthat specifies the rights and obligations of the employee.
Express or implied
It can be express or implied. It is the duty of the employer to provide the written statement of theemployment to the employee within two months after the commencement of the job. Written statement isprovided where there is no written contract. If it is in written form, then it is not mandatory to provide thewritten statement. A written employment agreement can fulfil the purpose of written statement.
The employer can not deprive the employee from the prescribed statutory rights. The Working TimeRegulation 1998 ensures that employer cannot enforce the employee to work more than 48 hours in aweek. Employee is entitled to 28 annual leave.
Employment Act 2008 abolishes the three steps disciplinary and grievance procedure. It imposes theobligation on the employer to follow the Acas guidance on disciplinary and grievance procedure. Theemployer must ensure that employee is prevented from taking part in bribery activities.
Affects of the agreement
The employee must fully read the employment contract before signing it. He must know the legal affectsof the each provision of the agreement. The employee can challenge the decision of the employer to theemployment tribunal if the decision is unfair and unjust. It also minimised the disputes between theparties. It is a document of rights and obligations. It must be in written form. The written form of theagreement promotes the healthier working atmosphere.
It must be concise and comprehensive. It must protect the interest of the employer and employee. It mustensure that employee is not deprived from the statutory rights. Employee can avail the statutory rights ifthese are not provided in the contract.It must provide the detail about the job title, probation period, salary, leaves, disciplinary and grievanceprocedure, termination notice etc.
The important part of the agreement is salary. The employee must settle this issue before signing theagreement; the salary must not be lower than national minimum wage. There are different levels for thedetermination of the salary. Usually, salary is paid in accordance with qualification, competency andexperience of the employee. It is the legal obligation of the both parties to fulfil their obligation. Theemployment document can be amended or alter with the consent of the both parties. The employmentcontract must be signed by the employer and employee. It must be fair and reasonable.
Changes from 6 April 2012
The qualifying period for unfair dismissal is to be extended from one year to two. An employeemust in future have two years' service before they have the right not to be unfairly dismissed.
Maternity/Paternity/Adoption Pay will rise from £128.73 to £135.45.