Employment Law
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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 2025 (ERA 2025)
- Employment Rights Act 1996 (ERA 1996)
- Employment Act 2008
- Equality Act 2010 applies to all.
- Health and safety regulations.
[edit] Nature of relationship
[edit] Employee
- 'Contract of employment' directly with employer
- Rights under Employment Rights Act 1996 apply.
- Rights under Employment Rights Act 2025 apply.
- 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.
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