Employment relations
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
- Employment Rights Act 1996
- Employment Act 2008
- Equality Act 2010.
- Health and safety regulations.
[edit] Nature of relationship
[edit] Employee
- 'Contract of employment' directly with employer
- Rights under Employment Rights Act 1996 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 four 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 for part time working - they are not obliged to agree but must have sound business reasons for not doing so.
[edit] Agency staff
- Tripartite relation with agency, employer and staff.
- Contract between agency and employer.
- Benefits are dealt with by agency.
- Can be terminated 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 avoiding paying national insurance and tax.
[edit] Consultants
[edit] Dismissal
Fair reasons for dismissal S98 (ERA 1996) include:
- Breach of disciplinary codes.
- Redundancy.
- Capability.
Procedures for fair dismissal are outlined in the Employment Act 2008.
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