Last edited 13 May 2016

Employment Law

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Contents

[edit] Introduction

There are 4 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

[edit] Nature of relationship

[edit] Employee

  • 'Contract of employment' directly with employer
  • Rights under Employment Rights act 1996 apply.

Benefits:

  • 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

  • Usually engaged for specific project.
  • No benefits as they are seen as a supplier.

[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] Find out more

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