Category: Employment articles
Work can be stressful but sometimes it is unduly so. Where a workload and demands placed by an employer on an employee are excessive there is a duty upon that employer to take action to remedy the situation. If they do not do so the employee may be entitled to claim compensation.
A number of factors can trigger stress. The difficult economic climate and risk of unemployment is one. The risk of redundancy can be more stressful than actually losing the job. Another prevalent stress trigger in a recession is increased workloads and the reduction in backup support.
In an increasingly competitive jobs market, people tend to think ‘does a little white lie in my CV matter if it helps me get the job’. The answer to this is that it very well could and the consequences could very well be serious.
If you believe there is malpractice or wrongdoing in a workplace then you can ‘blow the whistle’ on the behaviour and be protected from losing your job and/or being victimised by your employer. The Public Interest Disclosure Act 1998 legislates that if you believe there is wrongdoing in your workplace (eg your employer is committing a criminal offence) you can report this by following the correct processes, and your employment rights are protected.
The Employment Equality (Age) Regulations 2006
The Regulations apply to all employment and vocational training (employees, prospective employees and trainees).
It is unlawful to discriminate, harass or victimise job applicants, employees or trainees on the grounds of age (young or old).
Direct discrimination occurs where the employer treats a job applicant / employee / trainee less favorably than he treats or would treat other persons unless he can objectively justify that treatment. It includes discrimination based on apparent age whether or not that is in fact the correct age.
The law imposes a responsibility on an employer to ensure safety at work for all their employees.Much of the law regarding safety in the work place can be found in the Health & Safety At Work Act 1974.
Employers have to take reasonable steps to ensure the health, safety and welfare of their employees at work.
Failure to do so could result in a criminal prosecution in the Magistrates Court or a Crown Court. Failure to ensure safe working practises could also lead to an employee suing for personal injury or in some cases the employer being prosecuted for corporate manslaughter.
Most of the provisions in this Act came into force in April 2003.
The following changes are made under the Act:
Employees on fixed-term contracts must be treated as favourably as permanent workers - this came into effect on 1st October 2002. (See Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.)
All employers, regardless of size, must operate a minimum standard compulsory disciplinary and grievance procedure. This came into force on 1st October 2004.
This Act came into force on 27th July 1999.
However, the Act is a piece of "enabling" legislation which means that the provisions below (amongst others) will be phased in over time by the secretary of state.
1. The ceiling of the Compensatory Award in Employment Tribunals increased significantly.
2. Compensatory and Basic Awards linked to the Retail Prices Index and so rise with inflation. This came into force on 25th October 1999.
Employment contracts may be oral or in writing.
The only legal obligation on an employer is to provide written particulars of the employment contract within 2 months of the start of the employment.
This must include;
• the names of the employer and employee,
• the date of the commencement of the employment contract,
• the frequency of payments,
• the hours of hour,
• terms and conditions of holidays and sick-pay,
• notice period required to terminate the employment contract.
Disciplinary rules and procedures, and the business's grievance procedure must also be provided.
Employed or Self-Employed?
This can be an essential question. The legal rights of the employed and the self-employed are very different. It is only employees who can bring claims for unfair dismissal, claim redundancy payments and have the protection of the various Employment Acts. Self employed people have none of these rights.
The answer will usually lie in the contract under which the work is carried out.
There are three elements which must be present in any employment contract. All of these must be present or it will not be a contract of employment. They are:
Wrongful Dismissal is based on the employment contract and will allege breach of that contract. Action can be brought either in the County Court or before an Employment Tribunal. It will be based on contract law.
Probably the most common breaches are dismissal from employment without notice or where the notice period given is too short. Failure by an employer to follow a contractual disciplinary procedure can also be wrongful dismissal.
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