Employment Law
This article needs more work. To help develop this article, click 'Edit this article'.
Contents |
[edit] Introduction
There are four main stages to employment relations:
- Pre contractual.
- Formation of relationship - contract agreement
- Employment period.
- Termination of relationship.
[edit] Legislation and guidance
Guidance notes assist practices to keep up to date with changing regulations
- RIBA employment policy
- Employment Rights act 1996
- Employment Act 2008
- Equality Act 2010 applies to all.
- Health and safety regulations.
[edit] Nature of relationship
[edit] Employee
- Long term relationship of mutual trust and respect.
- Holiday pay.
- Regular agreed pay.
- Sick leave pay.
- Access to pension scheme.
- Time off to help dependants (emergency only, e.g. death of dependant, child care) Without pay.
[edit] Temporary employee
Similar to an employee, but:
- Fixed term contract with an end date.
- Can apply for full time status after 4 consecutive renewals of the same contract.
- Objective justification for employer to decline.
[edit] Part-time employee
- Working week/hours defined.
- Entitled to the same benefits as employee.
- Employer legally required to consider request - they are not obliged to agree but must have sound business reason for not.
[edit] Agency staff
- Tripartite relation with agency (employer) and end user.
- Contract between agency and employer.
- Benefits are dealt with by agency.
- Can be terminated by end user on short notice.
Agency Workers Regulations 2010:
- Principal of equal treatment
- Right to the same basic working and employment conditions as if engaged directly by hirer.
Onshore employment intermediaries act 2014:
- Treated as employee for tax purposes. This prevents the end user exploiting as means to avoid paying NI & tax.
[edit] Consultants
[edit] Dismissal
Fair reasons for dismissal S98 (ERA 1996):
- Breach of disciplinary codes.
- Redundancy.
- Capability.
Procedures for fair dismissal are outlined in the Employment Act 2008.
[edit] Related articles on Designing Buildings
- Court of appeal ruling on holiday pay and employment status.
- Equality Act.
- Equal opportunities policy.
- Gangmaster.
- Good Work Plan promises clearer contracts, fairer rules
- IR35.
- Non-productive overtime.
- PAYE.
- Payroll companies.
- Personal service company.
- Professional indemnity insurance.
- TUPE considerations and bidding.
- TUPE Regulations.
- Umbrella companies.
Featured articles and news
Strategic restructure to transform industry competence
EBSSA becomes part of a new industry competence structure.
Industry Competence Steering Group restructure
ICSG transitions to the Industry Competence Committee (ICC) under the Building Safety Regulator (BSR).
Principal Contractor Competency Certification Scheme
CIOB PCCCS competence framework for Principal Contractors.
The CIAT Principal Designer register
Issues explained via a series of FAQs.
Conservation in the age of the fourth (digital) industrial revolution.
Shaping the future of heritage
Embracing the evolution of economic thinking.
Ministers to unleash biggest building boom in half a century
50 major infrastructure projects, 5 billion for housing and 1.5 million homes.
RIBA Principal Designer Practice Note published
With key descriptions, best practice examples and FAQs, with supporting template resources.
Electrical businesses brace for project delays in 2025
BEB survey reveals over half worried about impact of delays.
Accelerating the remediation of buildings with unsafe cladding in England
The government publishes its Remediation Acceleration Plan.
Airtightness in raised access plenum floors
New testing guidance from BSRIA out now.
Picking up the hard hat on site or not
Common factors preventing workers using head protection and how to solve them.
Building trust with customers through endorsed trades
Commitment to quality demonstrated through government endorsed scheme.
New guidance for preparing structural submissions for Gateways 2 and 3
Published by the The Institution of Structural Engineers.
CIOB launches global mental health survey
To address the silent mental health crisis in construction.
New categories in sustainability, health and safety, and emerging talent.
Key takeaways from the BSRIA Briefing 2024
Not just waiting for Net Zero, but driving it.
Comments
Common law serves as the foundation for legal systems in many countries, especially those formerly under British colonial rule. It functions based on precedents set by previous judicial decisions rather than relying solely on legislative statutes. This dynamic system ensures that the law remains relevant, evolving with societal values and changing circumstances. While codified laws provide a framework, it is through common law that these rules are interpreted, adapted, and applied to individual cases. For anyone requiring a deeper dive into how common law impacts various legal matters, especially in the realms of construction and property, the expertise of legal professionals, such as those found at paulmankin.com, can be invaluable. These professionals harness the power of both codified and precedent-based law to navigate intricate legal terrains for their clients.