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Overview of UK Employment Law

Overview of UK Employment Law. Alexandra Davidson Keystone Law July 2014. UK Employment Rights. Derived from two main sources Contractual rights Written or oral Enforced in civil courts and, to a limited extent, in employment tribunals Statutory rights Employment Rights Act 1996

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Overview of UK Employment Law

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  1. Overview of UK Employment Law Alexandra Davidson Keystone Law July 2014

  2. UK Employment Rights • Derived from two main sources • Contractual rights • Written or oral • Enforced in civil courts and, to a limited extent, in employment tribunals • Statutory rights • Employment Rights Act 1996 • Ordinary Unfair dismissal • Automatic Unfair dismissal • Deduction from wages • Equality Act 2010 • National Minimum Wage • Includes enactments of EU-derived laws • TUPE • Working Time Regulations • Enforced in employment tribunals

  3. Starting the relationship • Pre-employment checks • Discrimination on grounds of protected characteristics • Immigration status • Health questionnaires • References • Obligations owed to former employer

  4. Defining the relationship • Types of contractual relationship • Employees • Workers • Self-employed

  5. Categorising the relationship • Types of contract • Indefinite term • Terminable on notice period • Fixed term • No need for notice • Fixed Term Workers Regulations • Expiry of fixed term is a dismissal • Part time • Part Time Employees Regulations • Zero hours • Agency workers • Agency Worker Regulations • Swedish derogation

  6. Regulating the relationship – s1 statement requirements • Holiday • 28 days minimum • Pension • Must provide access • Sick pay • SSP up to 28 weeks after 3 waiting days • Working time • Rest breaks, rest days, night working • Average working hours • Notice periods • Statutory minimum overrides the contract • Remuneration • Job title • Parties • Disciplinary/grievance appeals

  7. Regulating the relationship – statutory issues • IP protection • Family rights • Ante-natal care/ risk assessments • Maternity leave and pay • Paternity leave and pay • Adoption leave and pay • Parental leave and pay • Time off for dependants • Minimum wage

  8. Regulating the relationship – the contract • Probationary period • Right to benefits delayed • Short notice period during probationary period • Non-compete clauses • Flexibility/mobility • Other duties commensurate with status • Secondment to other group companies • Change in work location • Pay and bonuses • Benefits

  9. Changing the relationship • Varying terms and conditions of employment • Is there a right to vary? • Seek employee’s consent • Terminate contract and offer new contract on revised terms • Follow proper procedure • ‘sound business reason’ defence to unfair dismissal claim

  10. Discrimination • Must not discriminate on grounds of a ‘protected characteristic’ • Sex • Race, nationality • Sexual orientation • Age • Disability • Pregnancy/maternity • Religion/belief • Marriage • Gender reassignment • Applies to hiring, promotions and treatment in the workplace • Harassment • Victimisation • Conflicting rights

  11. Ending the relationship • Contractual issues • Notice period • non-competes • Garden leave • references • Constructive dismissal • TUPE • Settlement agreements

  12. Ending the relationship – statutory issues • Unfair dismissal • Valid reasons for dismissal • Conduct • Capability • Redundancy • Breach of an enactment • Some other substantial reason • Acting reasonably in the circumstances • Consultation • Other requirements • Fair sanction • Public Interest Disclosures (Whistleblowing) • Qualifying protected disclosure leading to detriment • Remedies

  13. The End Thank you for listening

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