Employment Law B143 WHOLE UNIT

Angela Dickinson
Mind Map by Angela Dickinson, updated more than 1 year ago
Angela Dickinson
Created by Angela Dickinson over 6 years ago
408
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revision mind map

Resource summary

Employment Law B143 WHOLE UNIT
  1. What does it mean to be 'employed'

    Annotations:

    • entitled to rights and protections and  have responsibilities as an employee 
    1. the tests for employee status
      1. Control
        1. Mutuality of obligation
          1. Integration
            1. Economic reality
          2. The contract of employment
            1. employee should receive this within 1 month
              1. express terms should include
                1. names and address
                  1. hours
                    1. pay/salary
                      1. place of work
                        1. holiday pay
                        2. implied terms

                          Annotations:

                          • don't have to be written
                          1. automatically part of the contract
                            1. mutual trust and confidence

                              Annotations:

                              • means neither party will cheat, steal etc or treat the other party disrespectfully. 
                              1. parties will follow health and safety rules
                                1. 'good faith'
                            2. Discrimination law
                              1. WAYS of discrimination
                                1. direct

                                  Annotations:

                                  • something which directly excludes a particular group of people
                                  1. "dinner lady required"

                                    Annotations:

                                    • directly excludes male applicants
                                  2. indirect

                                    Annotations:

                                    • a rule which appears to apply to everyone but puts one group at a PARTICULAR DISADVANTAGE
                                    1. example
                                      1. "cleaner - must be over 5'10"

                                        Annotations:

                                        • most WOMEN would be excluded and there is no proper reason to have this limitation
                                    2. harassment
                                      1. example
                                        1. teasing or bullying
                                      2. victimisation

                                        Annotations:

                                        • treating someone who has made a complaint about discrimination unfairly. 
                                        1. example
                                          1. not promoting someone who has made a complaint
                                      3. exceptions
                                        1. "genuine occupational requirement"
                                          1. where there is a reason to restrict who you employ
                                            1. EG gender

                                              Annotations:

                                              • if someone is doing personal care for a man , it is reasonable to ask for a man.  If someone is going to supervising changing rooms, it is reasonable to specify a gender. EG 'female PE teacher' 
                                              1. Race

                                                Annotations:

                                                • would normally be indirect against race
                                                1. "must wear a hat"

                                                  Annotations:

                                                  • may indirectly disriminate against some religions with headwear rules.  BUT if necessary for safety or hygiene then it is a 'genuine occupational requirement' 
                                                  1. "black actor"

                                                    Annotations:

                                                    • it is reasonable for actors and models to be specified by race. 
                                            2. Types of discrimation
                                              1. equal pay

                                                Annotations:

                                                • Equal Pay 1973
                                                1. 'like work'
                                                2. sex discrimination
                                                  1. age
                                                    1. transgender
                                                      1. sexual orientation
                                                        1. race
                                                          1. includes nationality & ethnic origin
                                                          2. Disability discrimination
                                                            1. employer has to make reasonable adjustments

                                                              Annotations:

                                                              • employers are asked to make reasonable adjustments for disabilities. 
                                                          3. evaluation
                                                            1. value to employees

                                                              Annotations:

                                                              • equal opportunity to be employed and promoted regardless of background Protection from harassment and bullying in the workplace which makes people stressed and uncomfortable Safe to make a complaint without worrying about being treated badly afterwards - victimisation is prevented.  
                                                              1. value to employers

                                                                Annotations:

                                                                • Should employ people base on merit rather than background. This means they will have the best possible workforce.  Have laws to help them prevent bullying and harassment amongst staff. this will make the business or productive A diverse workforce will help promote the company across society and attract strong applicants from across all of society.   
                                                                1. limitations

                                                                  Annotations:

                                                                  • some people and groups are not protected by the legislation.  It is still possible to discriminate against these people lawfully.  
                                                              2. Health and Safety
                                                                1. common law protections
                                                                  1. Wilson v Clyde Coal
                                                                    1. 4 key protections
                                                                      1. safe access to a safe workplace

                                                                        Annotations:

                                                                        • working environments should be safe.
                                                                        1. safe systems

                                                                          Annotations:

                                                                          • processes and information should be safe should have policies, safe rules, safe ways of working 
                                                                          1. safe appliances

                                                                            Annotations:

                                                                            • equipment and machinery, incuding PPE should be safe.
                                                                            1. safe fellow workers

                                                                              Annotations:

                                                                              • employers responsibility not to partner you with 'dangerous dave'
                                                                        2. statutory protections
                                                                          1. Health & Safety at Work Act 1974
                                                                            1. EMPLOYER responsibilities

                                                                              Annotations:

                                                                              • only need to take "reasonably practical" steps.   Some jobs may still be dangerous.. fire-fighter,police officer, oil-rig worker.
                                                                              1. Safe plant and systems

                                                                                Annotations:

                                                                                • safe equipment and processes
                                                                                1. safe methods of handling

                                                                                  Annotations:

                                                                                  • lifting and transporting anything hazardous should be done safely
                                                                                  1. provide training

                                                                                    Annotations:

                                                                                    • training and information about health and safety
                                                                                    1. safe workplace

                                                                                      Annotations:

                                                                                      • safe working environment
                                                                                      1. welfare facilities

                                                                                        Annotations:

                                                                                        • toilets and showers
                                                                                      2. EMPLOYEE responsibilities
                                                                                        1. to follow H&S rules
                                                                                          1. to take responsibility for own safety
                                                                                            1. to attend training
                                                                                            2. Created the Health and Safety Commission
                                                                                              1. can inspect and investigate
                                                                                                1. can issue improvement notices

                                                                                                  Annotations:

                                                                                                  • improvement notice will identify risks Say what improvements need to be done Give a strict time limit 
                                                                                                  1. 2 weeks to comply
                                                                                                    1. employer can appeal
                                                                                                      1. employer fixes risks
                                                                                                    2. can close a workplace

                                                                                                      Annotations:

                                                                                                      • if the risks are extreme or the improvement notice is not followed
                                                                                                      1. prohibition notice
                                                                                                2. health and safety signs
                                                                                                  1. video link

                                                                                                    Annotations:

                                                                                                    • http://www.youtube.com/watch?v=8PhgPdmm2lk Check out others on the internet 
                                                                                                  2. European Protections.
                                                                                                    1. The Six Pack
                                                                                                      1. Management of H&S Regs

                                                                                                        Annotations:

                                                                                                        • plan and organise health and safety effectively do risk assessments for all workplace activity devise effective processes such as evacuation 
                                                                                                        1. Manual Handling reg

                                                                                                          Annotations:

                                                                                                          • where possible, elminate heavy lfiting - use machines etc instead Where lifting is required train staff to do this correctly 
                                                                                                          1. Display Screen Equipment

                                                                                                            Annotations:

                                                                                                            • reduce risk by building in breaks offer employers using screens free eye tests and glasses provide training on proper use 
                                                                                                            1. Workplace regulations

                                                                                                              Annotations:

                                                                                                              • work site and environment should be safe and well maintained Well lit Well ventilated reasonable temperature suitable workspace 
                                                                                                              1. Work Equipment Regs

                                                                                                                Annotations:

                                                                                                                • machinery and vehicles Should be checked regularly Should be maintained Absolute requirement that equipment be safe.  
                                                                                                                1. PPE regs

                                                                                                                  Annotations:

                                                                                                                  • Personal Protective Equipment Clothing, facemasks, hard hats, hi-vis clothing. 
                                                                                                            2. Termination of employment
                                                                                                              1. types of dismissal
                                                                                                                1. fair

                                                                                                                  Annotations:

                                                                                                                  • dismissal where the employer has good reason and has followed the correct processes
                                                                                                                  1. redundancy

                                                                                                                    Annotations:

                                                                                                                    • where the job no longer exists for practical or economic reasons eg job replaced by machine or company no longer can afford the employee 
                                                                                                                    1. conduct

                                                                                                                      Annotations:

                                                                                                                      • if employee behaves badly they may be fairly sacked.  Sometimes after warning. Sometimes immediately if there is GROSS misconduct 
                                                                                                                      1. retirement

                                                                                                                        Annotations:

                                                                                                                        • it is fair to end someone's contract when they reach retirement age.  This opens up opportunities to younger members of staff 
                                                                                                                        1. capability

                                                                                                                          Annotations:

                                                                                                                          • if somone is incapable of their job, either illness or just ongoing poor performance, it is fair to dismiss them. 
                                                                                                                        2. unfair
                                                                                                                          1. no good reason
                                                                                                                            1. correct fair process not followed

                                                                                                                              Annotations:

                                                                                                                              • employer should investigate any problems and allow the employee a chance to challenge their dismissal in an appeal
                                                                                                                              1. only protects after 2 years

                                                                                                                                Annotations:

                                                                                                                                • you have to have been working for 2 years before you can claim for unfair dismissal
                                                                                                                              2. constructive

                                                                                                                                Annotations:

                                                                                                                                • where the employee resigns because of implicit breach of contract by the employer.  Once they have shown constructive dismissal they can use unfair dismissal rules to get a remedy 
                                                                                                                                1. unfair changes to contract

                                                                                                                                  Annotations:

                                                                                                                                  • eg - asking to move hundreds of miles Demotion reduction in pay  Unreasonable change of hours 
                                                                                                                                  1. breach of 'trust and confidence'

                                                                                                                                    Annotations:

                                                                                                                                    • bullying or harassment in the work place.   
                                                                                                                                  2. wrongful

                                                                                                                                    Annotations:

                                                                                                                                    • ££££££££££££££££££££££££  simply means that the employrer has not given the employer the right amount of notice or pay at the end of the job  £££££££££££££££££££££££ 
                                                                                                                                    1. summary

                                                                                                                                      Annotations:

                                                                                                                                      • where the employee has committed GROSS MISCONDUCT Drinking, fighting, stealing 
                                                                                                                                      1. instant

                                                                                                                                        Annotations:

                                                                                                                                        • no entitlement to warning or notice
                                                                                                                                    2. evaluation
                                                                                                                                      1. employer

                                                                                                                                        Annotations:

                                                                                                                                        • useful for employer because thre are many fair ways that they may dismiss and employee EG Redundancy enables them to dismiss when the job no longer exists, meaning the company can stay profitable Summary dismissal means that employers can dismiss dangerous or offensive employees, making the company more productive   Employers can also sack employees who are incapable of doing the job. This enable them to replace them with a new employee and be more productive and competitive 
                                                                                                                                        1. employee

                                                                                                                                          Annotations:

                                                                                                                                          • protection means that they cannot be sacked without good reason, otherwise would get compensation through unfair dismissal. also they cannot be forced out of a job by their employers bullying them . they can use 'constructive dismissal' law to get a remedy Empoyees can use the law regarding wrongful dismissal to make sure employers pay all they are owed.  
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