Tutor Delivery Pack

1. Tutor Delivery Pack Chapter 14Employment rights and responsibilities

2. Delivery Pack Contents The pack supports tutor delivery of the following theory sessions: 14.1 Employment rights & responsibilities legislation 14.2 In-company employment policies and procedures 14.3 The plumbing industry and career opportunities in plumbing The primary aim of this pack is to support the delivery of learning targeted at successful completion of the Technical Certificate Assessment Unit in Employment Rights and Responsibilities.

3. Employment rights and responsibilities legislation Theory session 14.1

4. Session Objectives Background reading prior to the delivery of this session: Chapter 14 – Plumbing NVQ and Technical Certificate Level 2, 2nd Edition On completion of this session you should be able to: Outline the basic detail of legislation relating to employment law Outline the key aims of employment legislation in protecting the rights of employees at work Describe the main aims of legislation providing protection against discrimination at work.

5. Employment Legislation – Main Items The following are the primary items of legislation relating to employment: The Employment Rights Act 1996 The Employment Relations Act 2004 (updated from 1999 Act) The Employment Act 2002

6. Employment Rights Act 1996 The primary aim of the Act are to provide basic employment protection for workers. The main areas covered relate to: Wages rules - Establishes minimum procedures for making wages payments - Makes unauthorised wage deductions illegal - Requires employer to make a ‘guaranteed payment’, even when the employer cannot find work - Establishes specific requirements for Sunday working - Requires the employer to provide a statement of employment (formally known as a contract of employment)

7. Employment Rights Act 1996 (continued) Time off work - Entitles employees to paid holiday leave from commencement of employment - Entitles employees to have time off that may be owed to personal needs such as ante-natal care, training, or public duties. - Provides overarching guidance on the requirements for statutory maternity and paternity leave Dismissal and redundancy - Lays down requirements that companies must adopt related to dismissal procedures - Provides the right to receive fair compensation in relation to cases of unfair dismissal from work - Provides the requirement for an employer to make payment in respect of redundancy

8. Employment Rights Act 1996 (continued) Dispute resolution - Lays down a requirement for a company to have a fair disciplinary and grievance procedure - Provides the right for an employee to refer an employment dispute related to employment, dismissal etc. to an employment tribunal

9. Employment Relations Act 2004 Key points covered in this Act include: Trade union recognition (dependent on company size) Industrial action ballots – procedures that must be adopted by unions Unfair dismissal of strikers Maternity leave Parental leave Time off for dependants – caring arrangements for close relatives Employment tribunal awards – maximum levels, type of award The right to be accompanied in disciplinary and grievance hearings Part-time work – equality with full time work in terms of pay, work conditions, holidays etc.

10. Employment Act 2002 Key points covered include: Work and parents – leave and care requirements for dependent children Dispute resolution in the workplace Improvements to employment tribunal procedures Provisions to introduce the Fixed Term Work Directive A new right to time off work for union learning representatives

11. Equal Pay Act The Act establishes requirements for equal pay for both men and women in the same establishment. The method of determining whether pay is equal is based on a review of job content, not the job title or name.

12. Data Protection Act The Act lays down requirements related to keeping data about individuals, including workers, on company files. The Act requires companies keeping certain types of data to be registered with the Information Commissioner’s Office. The Act lays down key requirements of storing data. It establishes an 8-point rule requiring that personal information should be: - Fairly and lawfully processed - Processed for limited purposes - Adequate, relevant and not excessive - Accurate - Not kept longer than necessary - Processed in accordance with your rights - Kept secure - Not transferred abroad without adequate protection

13. National Minimum Wage Act The Act DOES NOT apply to: The genuinely self-employed Voluntary workers Workers who are based permanently outside the UK Apprentices under 19 years of age Apprentices over 19 years of age in their first year of training The Act DOES apply to: • Full-time workers • Part-time workers • Casual labourers • Agency workers • Piece workers, including homeworkers

14. National Minimum Wage Act (continued) Act became law in 1999 Payment based on recommendations of the Low Pay Commission Three rates of pay that may be applicable: - The main NMW rate applies to workers aged 22 and over - The NMW development rate applies to 18- to 21-year-olds - The third NMW rate applies to 16- to 17-year-old workers who are above school leaving age (not apprentices)

15. In your designated groups, research, discuss and answer the following questions. What are the two main reasons that an employer may consider making an employee redundant? What is the primary piece of legislation that requires an employer to provide a Statement of Employment Terms & Conditions? 3 If you have an in-company dispute with your employer, or you feel you have been unfairly dismissed, what arrangements are in place to establish that your case has been handled fairly by your employer? To whom should you refer the matter? Activity 14.1 – Employment rights and responsibilities legislation (Part 1) Recommended sources of reference: Plumbing NVQ and Technical Certificate Level 2, 2nd Edition Student Book ACAS website – www.acas.gov.uk Google search – www.google.co.uk

16. Activity 14.1 – Answers 1 What are the two main reasons that an employer may consider making an employee redundant? The company ceases, or intends to cease trading The requirements of the business for the employee to carry out the work has ceased or diminished 2 What is the primary piece of legislation requiring an employer to provide a Statement of Employment Terms & Conditions? Employment Rights Act 1996

17. Activity 14.1 – Answers (continued) 3 If you have an in-company dispute with your employer, or you feel you have been unfairly dismissed, what arrangements are in place to establish that your case has been handled fairly by your employer? To whom should you refer the matter? • The matter could be referred to conciliation through an organisation such as ACAS who mediate between both parties • The matter could be referred independently to an Emplyment Tribunal who will independently review the claim • Industrial tribunals should be referred to the tribunal services – www.employmenttribunals.gov.uk

18. Race Relations Act The Act is a law to protect against direct or indirect discrimination of someone on the grounds of race, colour, nationality, citizenship or ethnic origins. Direct discrimination occurs when someone is treated less favourably on the grounds of their race, colour, ethnicity or national origin. Indirect discrimination can occur when an employer applies an apparently general rule of practice that disadvantages people of a particular race, colour, ethnicity or national origin and that cannot be justified. The Act applies to the way employers recruit, train, promote and select people in companies.

19. Sex Discrimination Act 1975 The Act is a law to protect against direct or indirect discrimination of someone on the grounds of sex. Direct discrimination occurs when someone is treated less favourably on the grounds of sex. Indirect discrimination occurs when one is applying an apparently general rule of practice that disadvantages one sex and that cannot be justified. Sex discrimination includes the way employers recruit, train, promote and dismiss people. Former employees have the right to bring action against an employer if he/she discriminates against them after they have left. Less favourable treatment of women on the grounds of pregnancy or maternity leave counts as unlawful sex discrimination. Sexual harassment can include insensitive jokes, displays of sexually explicit material, sexual innuendos or lewd comments or gestures.

20. Employment Equality (Religion or Belief) Regulations 2003 The Act provides protection against discrimination of an employee or job candidate on the grounds of their religion or belief. The regulations provide protection against harassment or victimisation. Harassment – unwanted conduct that violates people's dignity or creates an intimidating or offensive atmosphere Victimisation - treating people less favourably because of something they have done under or in connection with the regulations There are limited exemptions from the regulations, for example the appointment of a church minister where the applicant is restricted to a particular faith.

21. Employment Equality (Sexual Orientation) Regulations 2003 These regulations apply to discrimination on the grounds of orientation towards persons of the same sex (lesbians or gays), the opposite sex (heterosexuals) and the same and opposite sex (bisexuals). The regulations cover direct or indirect discrimination on the grounds of sexual orientation and the sexual orientation of someone with whom the person associates or works. The regulations also now provide protection for a civil partner as an equivalent to a married employee for employments rights such as vocational training or paternity leave.

22. Employment Equality (Age) Regulations 2006 These regulations apply to all employers in the private and public sectors. The regulations cover employees and other workers, office holders, partners of firms etc. of any age. The regulations affect all areas of employment including: - recruitment, terms and conditions, promotion and transfers - the provision of training - provision of benefits - dismissal - retirement - occupational pensions The legislation provides for a standard retirement age of 65. Compulsory retirement ages below 65 are normally not justified. In addition, employees have the right to request to work beyond that age.

23. Disability Discrimination Act 2005 The Act makes it unlawful for an employer of any size, with the exception of the armed forces, to directly discriminate against a disabled person. An employer must not discriminate against a disabled person for a reason related to their disability unless such discrimination can be justified. Under the Act an employer cannot refuse to interview, employ, train or promote a disabled person, simply because of their disability. Employers have a duty under the Act to make reasonable adjustments to the workplace to enable a disabled person to work or continue working, for example providing wheelchair access to the work location. Note: Other items of legislation, such as the Health and Safety at Work Act, can take precedent over the Disability Discrimination Act, for example when a particular disability in a particular job role may give rise to health and safety concerns.

24. Activity 14.2 – Employment rights and responsibilities legislation (Part 2) In your designated groups research, discuss and answer the following questions. 1 What is meant by the term ‘civil partner’? 2 Hanif believes that he has been unfairly treated in an interview for a job because he is a Muslim. What particular requirement may have been breached? 3 How would Sally progress a claim of sexual harassment against a company member of staff? Recommended sources of reference: Plumbing NVQ & Technical Certificate Level 2, 2nd Edition Student Book ACAS website – www.acas.gov.uk Google search – www.google.co.uk

25. Activity 14.2 – Answers 1 What is meant by the term ‘civil partner’? The term applies to two non-related, unmarried adults of the same sex who are permitted to register a civil partnership which has many of the same rights and responsibilities as marriage. 2 Hanif believes that he has been unfairly treated in an interview for a job because he is a Muslim. What particular requirement may have been breached? Unfair treatment on the grounds of being a muslim relates to a breach of the Employment Equality (Religion or Belief) Regulations

26. Activity 14.2 – Answers (continued) 3 How would Sally progress a claim of sexual harassment against a company member of staff? The matter should first be raised through the company’s own internal procedures, usually the grievance procedure. If the matter is not properly dealt with internally or her employment is affected, the matter can be referred to an industrial tribunal. A trade union is a good source of assistance and guidance in dealing with this type of problem.

27. Theory session 14.2 In-company employment policies and procedures

28. Session Objectives Background reading prior to the delivery of this session: Chapter 14 – Plumbing NVQ & Technical Certificate Level 2, 2nd Edition On completion of this session you should be able to: Outline the purpose of the statement of employment and supporting handbooks Outline the range of procedures contained in the statement of employment and the typical employment arrangements that must be put in place by companies to comply with employment law requirements.

29. Statements of Employment • A statement of employment must be provided to an employee within two months of starting work if the employment lasts for longer than one month. • A statement of employment must include: • the name of your employer and your name • the date your employment started • your job title and a summary of your duties • the period of employment, stating whether it is a permanent position • the place of work • how much you will be paid, how often, and the method of payment; it should also include information such as travel allowances and any deductions from pay • hours of work • holiday entitlement • procedures for dealing with absence from work through illness, or for other reasons, and how to notify the employer if absent • details of pension scheme if applicable • details of how to terminate employment (for example, length of notice required by both you and your employer) • disciplinary rules and procedures (these are usually contained in a separate document such as a staff handbook) • grievance procedures (which again could be contained in a staff handbook)

30. Entitlement to Paid Leave Entitlement to paid holiday leave starts from the commencement of a job. By law, you currently have an entitlement to 4.8 weeks of paid leave per year. The entitlement rises to 5.6 weeks on 1st April 2009. Your employer may include public holidays as part of the annual leave entitlement and may set the times when you take holidays, such as during the Christmas shutdown. If your employment ends and you have leave due, you have a right to be paid for the leave time due and not taken. Time off work may also be permitted to carry out other duties, such as: - Dealing with emergencies involving dependents (close family) - Jury service - Trade union duties. These items are normally on an unpaid basis unless referred to otherwise in your employment statement. Jury Service attracts an allowance from the Courts.

31. Working Hours The JIB for PMES National Working Rules for the plumbing industry indicate a 37.5 hour standard working week. Legal requirements for working hours are laid down in the Working Time Regulations. Workers aged 18 or over cannot be forced to work for more than 48 hours a week on average. Most workers can agree in writing to work longer than the 48-hour limit. The agreement must be signed by the worker. The worker can, with notice, then opt-out of this agreement at a later date. Young workers under age 18 are restricted to a maximum working week of 40 hours, and each working day must be no longer than 8 hours.

32. Termination of Employment An employer must provide fair and reasonable grounds for dismissal. If you have been in employment for 12 months or more, then a claim of unfair dismissal can be made to an employment tribunal if the grounds are deemed to be unfair. There are exceptions in relation to the 12 month period, for example a case of unfair dismissal on the grounds of discrimination can be brought at any time. The notice period for a dismissal should be a minimum according to the following: - one week if employed between one month and two years - an additional week’s notice for every continuous year of employment between two and twelve years - minimum twelve weeks notice if in continuous employment for 12 years or more.

33. Activity 14.3 – In-company employment policies and procedures (Part 1) In your designated groups research, discuss and answer the following questions. 1 What procedure should be used by a company to deal with issues related to poor work performance? 2 Is it acceptable for an employer to just give you a letter advising of your instant dismissal? 3 What is the minimum period of notice that must be provided to an employee who has 8 years of service with a company? Recommended sources of reference: Plumbing NVQ & Technical Certificate Level 2, 2nd Edition Student Book ACAS website – www.acas.gov.uk Google search – www.google.co.uk

34. 1 What procedure should be used by a company to deal with issues related to poor work performance? The disciplinary procedure 2 Is it acceptable for an employer to just give you a letter advising of your instant dismissal? No. A letter must be provided stating that the disciplinary action under the disciplinary procedure is taking place, including the grounds for the disciplinary action. A hearing must be arranged at which the employee has the right to be accompanied by a fellow colleague or trade union official in order that they can state their case against the claims that have been made. A decision on any action under the disciplinary procedure is then forwarded to the employee, and a right of appeal must also be provided. Activity 14.3 – Answers

35. 3 What is the minimum period of notice that must be provided to an employee who has 8 years of service with a company? One week for the first 2 years of service plus an additional week for the remaining years of service over two years comes to a total of 7 weeks notice Activity 14.3 – Answers (continued)

36. Wages An employer is required by law to provide an itemised payslip showing the following: - the gross wages earned before deductions - the amounts of and reasons for any deductions, for example national insurance - the net or ‘take home’ pay. An employer is legally required to keep records of the payments made, including any deductions. The rate of pay in smaller companies is often negotiated between employer and employee. The minimum rate of pay must be in line with the National Minimum Wage. In larger companies, pay rates and working conditions may be determined collectively between an employer and a trade union.

37. Wages (continued) The JIB for PMES produces national standard terms and conditions of employment for plumbing operatives. These are often regarded as the minimum pay and conditions for plumbing operatives. This includes pay rates for apprentices. - Trained plumber – Level 2 qualified with post-qualification experience - Advanced plumber – Level 3 qualified with post-qualification experience - Technical plumber – Level 3 qualified with significant post- qualification experience and significant job responsibilities

38. Sick Pay Procedures for reporting in sick are normally laid out in the statement of employment or staff handbook. In most cases you will be required to submit a self certificate of sickness for periods of up to 7 days. Sickness periods over 7 days normally require a medical certificate provided by a GP. Your employer will expect you to notify him/her of your inability to work due to sickness as soon as possible and to keep them updated on progress if the sickness period becomes longer term. If you are off sick for 4 consecutive days or more (assuming a doctor’s certificate is provided) you are entitled to Statutory Sick Pay (SSP). SSP is paid by the employer in the same way that wages are paid.

39. Redundancy Pay Employees have the right to a lump-sum 'redundancy payment' if they are dismissed because of redundancy. The amount of redundancy pay is related to the employee's age, length of continuous service with the employer and weekly pay up to a maximum. The employer must provide a written statement showing how the payment has been calculated, at or before the time it is paid.

40. Maternity Leave All pregnant employees are entitled to paid time off for antenatal care. All pregnant employees are entitled to 52 weeks of maternity leave – 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave. Pregnant employees who meet qualifying conditions based on their length of service and average earnings are entitled to up to 39 weeks of Statutory Maternity Pay (SMP). Women who are not entitled to SMP but meet qualifying conditions based on their recent employment and earnings may claim up to 39 weeks of Maternity Allowance, paid directly by Jobcentre Plus.

41. Maternity Leave (continued) Employers may make reasonable contact with a woman on maternity leave for a number of reasons, such as to discuss arrangements for her return to work. Employees may take up to ten ‘Keeping in Touch Days’ during their maternity leave by agreement with the employer, which allows them work under their contract of employment. Employees who wish to return to work either earlier or later than agreed with the employer should provide eight weeks’ notice, unless the employer agrees to less notice being given. Employees normally have a right to return to the same job after maternity leave.

42. Paternity Leave Employees must satisfy the following conditions in order to qualify for paternity leave. They must: - have or expect to have responsibility for the child’s upbringing - be the biological father of the child or the mother’s husband or partner - have worked continuously for their employer for 26 weeks ending with the 15th week  before the baby is due. Employers can ask their employees to provide a self-certificate. Eligible employees can choose to take either one week or two consecutive weeks of paternity leave (not odd days). Only one period of leave is available to employees regardless of whether more than one child is born as the result of the same pregnancy.

43. Paternity Leave (continued) Paternity leave can start: - from the date of the child’s birth, whether this is earlier or later than expected - from a chosen number of days or weeks after the date of the child’s birth (whether this is earlier or later than expected), or - from a chosen date later than the first day of the week in which the baby is expected to be born. Leave can start on any day of the week on or following the child’s birth but must be completed in two weeks. Other conditions may apply. During their paternity leave, most employees are entitled to Statutory Paternity Pay (SPP) from their employers. Statutory Paternity Pay is paid by employers for either one or two consecutive weeks as the employee has chosen.

44. Pensions Any occupational pension provision eligible to you will be laid down in your statement of employment. If a company scheme is not available to you, then - State pension arrangements apply - As a minimum, organisations employing five or more people are obliged to offer access to a stakeholder pension scheme if they do not already offer pension provision. The JIB for PMES National Working Rules state that an occupational pension scheme should be made available to plumbing employees. The plumbing industry operates its own pension scheme known as Pipeline.

45. Activity 14.4 – In-company employment policies and procedures (Part 2) In your designated groups research, discuss and answer the following questions 1 An employer provides your wages in cash every week with no supporting paperwork. Is this acceptable? 2 What are the qualifying requirements for Maternity Allowance from the Benefits Agency for maternity leave associated with recent employment? 3 What is the current JIB for PMES hourly pay rate for a 1st year plumbing apprentice? Recommended sources of reference: Plumbing NVQ and Technical Certificate Level 2, 2nd Edition Student Book ACAS website – www.acas.gov.uk UNITE (union website) – www.amicustheunion.org.uk Google search – www.google.co.uk

46. Activity 14.4 – Answers 1 An employer provides your wages in cash every week with no supporting paperwork. Is this acceptable? No. Employment legislation requires that an itemised payslip is provided detailing any deductions made. 2 What are the qualifying requirements for Maternity Allowance from the Benefits Agency for maternity leave associated with recent employment? Employment or self-employment for 26 weeks out of the 66 weeks before the expected week of childbirth and average weekly earnings of at least £30 3 What is the current JIB for PMES hourly pay rate for a 1st year plumbing apprentice? Currently £5.04. Visit www.amicustheunion.org.uk and search under ‘plumbing pay’ for the latest information.

47. Theory session 14.3 The plumbing industry and career opportunities in plumbing

48. Background reading prior to the delivery session: Chapter 1 and Chapter 14 – Plumbing NVQ and Technical Certificate Level 2, 2nd Edition On completion of this session you should be able to: outline the position and grouping of the plumbing industry in relation to other construction related industries outline the role of the main plumbing industry bodies recognise the range of career opportunities in plumbing that are available on completion of craft qualifications. Session Objectives

49. The Construction Industry Construction Industry • Construction trades • Bricklaying • Joinery • Plastering • Etc. • Building services trades • Plumbing • Electrical etc. • The building services trades deal with the essential services inside and outside the • building. The construction trades deal with the fabric of the building.

50. The Building Services Industry The Building Services Industry is divided into the electrotechnical and mechanical services industries. Building Services Industry • Electrotechnical industry • Electrical installation • Security systems • Telecommunications • Mechanical services industry • Plumbing • Heating & ventilating • Refrigeration • Air conditioning