JW 2008 1

Legislation

• A main function of the HR department is to ensure the organisation is fully aware of any relevant legislation

• All policies and procedures should be in line with current legislation

• Legislation is continually being updated which makes this an ongoing task for every organisation

JW 2008 2

The Main Areas of Legislation

• Equal Opportunities• Employment Protection• Health and Safety

JW 2008 3

Equal Opportunities

• Equal Pay Act 1970• Sex Discrimination Act 1975• Employment Equality (Sexual Orientation) Regulations 2003

• Race Relations Act 1976• Employment Equality (Religion or Belief) Regulations 2003

• Disability Discrimination Act 1995

JW 2008 4

Equal Opportunities Task

Working in pairs and using the ACAS website – www.acas.org.uk – use the Equality link to read about the advice provided by ACAS under each of the headings

In your jotter write a short paragraph on each

The Employee Questions and Employer Questions links might also be useful

JW 2008 5

Example paragraph

Equal Pay Act 1970Men and women should receive the same pay and conditions for doing ‘broadly similar’, but not necessarily identical work. The Act is monitored by the Equal Opportunities Commission. Employees are also entitled to know how their pay is made up. E.g., bonus schemes

JW 2008 6

Employment Protection

• Employment Rights Act 1996• Working Time Regulations Act 1998• National Minimum Wage Act 1998• Employment Act 2002• Employment Relations Act 2004

JW 2008 7

Employment Rights Act 1996

• States duties and rights of the employer and employee

• Includes the employee’s rights to maternity and paternity leave

• Details regarding termination of employment

• Right to a written contract of employment within 60 days of starting work

• Details regarding Sunday working• Right to a written pay slip

JW 2008 8

Working time Regulations Act 1998

• a limit of an average of 48 hours (though workers can choose to work more if they want to)

• a limit of an average of 8 hours work in 24 which night workers can be required to work

• right for night workers to receive free health assessments

• right to 11 hours rest a day• right to a day off each week• right to an in-work rest break if the working day is longer than 6 hours

• right to 4 weeks paid leave per year

JW 2008 9

National Minimum Wage Act 1998

• Aimed at providing employees with decent minimum standards and fairness in the workplace

• Applies to nearly all workers and sets hourly rates below which pay must not be allowed to fall

• Rates set are based on the recommendations of the Low Pay Commission

Age Group Amount

Over 21 £5.73

18 - 21 £4.77

16 – 17 £3.53October 2008

JW 2008 10

Employment Act 2002

• Maternity, paternity and adoption leave• Flexible working practices and fairness• Dispute resolution – disciplinary and grievance procedures reviewed

• Time off for Trade Union Reps• Equal Pay questionnaire can be given to employer if there is doubt about the pay structure

• Treatment of employees on Fixed Term Contract

Gives additional rights such as:

JW 2008 11

Employment Relations Act 2004

• Deals mainly with employee relations and the operation of the statutory recognition procedure for trade unions

• The law on industrial action ballots and ballot notices

• When arbitration should take place• Unfair dismissal• Grievance and disciplinary hearings

JW 2008 12

Health and Safety

• Health and Safety at Work Act 1974• The Factories Act 1961• Office, Shops and Railway Premises Act 1963

• Control of Substances Hazardous to Health Regulations 1988

• The Fire Precautions Act 1971

JW 2008 13

Health and Safety at Work Act 1974

• Aims to raise the standard of safety and health for all individuals at work, and to protect the public whose safety may be put at risk by the activities of people at work

• Places responsibility on employers and employees

• If either fail to comply they can be taken to court and fined

• The Act is backed by the HSE

JW 2008 14

Employer Duties

• all machinery is properly maintained• all hazardous substances are dealt with properly

• all staff are trained and informed of potential dangers

• that the environment is safe and non-hazardous to the health of the employees

• risk assessment of the building are carried out

• safety officers are appointed to carry our regular inspections of the workplace

Employers must take every reasonable step to ensure that:

JW 2008 15

Employee Duties

• Expected to behave in a reasonable manner at work and must take some responsibility for their own actions

• Must cooperate with their employers with regards to health and safety requirements

• Must follow all instructions and accept training where appropriate

• Employees must take reasonable care for the safety of themselves and others

JW 2008 16

The Factories Act 1961

• Applies to all premises where 2 or more people are employed in manual labour

• Includes garages to engineering works• Sets out to ensure that minimum standards of cleanliness, space for people to work, temperature and ventilation, lighting, conveniences, clothing, accommodation and first-aid facilities are maintained

JW 2008 17

Office, Shops and Railway Premises Act 1963

• Was introduced to extend protection for factories to other buildings

• Provisions are similar to those of the Factories Act

• Deals with cleanliness, lighting, ventilation etc

JW 2008 18

Control of Substances Hazardous to Health Regulations 1988

• Includes 19 regulations and 4 codes of practice

• Protects all employees who work with any substance hazardous to their health

• Employees must be aware of how they handle, use and control substances

• Particularly important for workers in the nuclear fuel, chemical and asbestos industries

JW 2008 19

The Fire Precautions Act 1971

• Lists premises for which a fire certificate is required

• Includes premises being used as a place of work

• Requirements set may include the means of escape from the building as well as instruction and training for employees on what to do in the event of a fire

• Also details the limit of the number of people on the premises

JW 2008 20

Past Paper Questions

2006 (Section 2, Q5(a)(i))

Employment legislation exists to protect workers.

Describe the purpose of the • Health and Safety at Work Act 1974• Race Relations Act 1976• Equal Pay Act 1970

3 marks

JW 2008 21

Solution2006 Health and Safety at Work Act 1974States employers’ and employees’ duties with regard to Health and Safety. Employees have a duty to take care of their own health as well as other employees.Comment on employer AND employee to gain mark

Race Relations Act 1976Unlawful to discriminate on the grounds of race, colour, religion or ethnic origin with regard to recruitment, training, promotion, conditions of service.

Equal Pay Act 1970All employees should receive the same rate of pay where work of equal value is undertaken.

Max 1 per act

JW 2008 22

Past Paper Questions

2005 (Section 2, Q1(c))Describe 3 forms of legislation which would affect the running of an organisation.

6 marks

2003 (Section 2, Q4(b))Describe how employment legislation and EU directives may affect the running of a Leisure Club.

10 marks

JW 2008 23

Solution2005 Health and Safety at Work Act 1974 • States employees’ and employers’ duties with regard to health and safety • Employers have a duty to take responsible care of their own health and safety as well as that of their employees Office, Shops and Railway Premises Act 1963 • States regulations which must be met by employers regarding working temperatures, toilet and washing facilities, first aid, space requirements, cleanliness Equal Pay Act 1970 • States that all employees should receive the same pay when work of equal value is undertaken Race Relations Act 1976 • Unlawful to discriminate on the grounds of race, colour, religion or ethnic origin regarding recruitment, training, promotion, conditions of service Sex Discrimination Act 1975 • Unlawful to discriminate on the grounds of sex or marital status regarding recruitment, promotion, training, conditions of service • Victimisation and sexual harassment are unlawful

JW 2008 24

Solution continued…2005 Employment Rights Act 1996 • States duties and rights of employer and employee • Includes the right to a written Contract of Employment within 2 months of starting work • The right to an itemised pay slip • Rights of employees regarding Sunday working • Rights of employees regarding maternity and termination of employment Data Protection Act 1998 • Data must be obtained fairly and lawfully • The organisation must register the purpose for which the information is held • They must keep records for no longer than necessary • The information must be up to date and accurate • Employees have a right to request to see information held about them and have it changed if incorrect • The information should not be used for any other purpose than that for which it was collected • They must take appropriate security measures to keep the information safe

Correct identification of Act = one mark per Act (date not required)

JW 2008 25

Solution2003 Must make sure their policies and procedures comply with the following:Sex discrimination/Race Relations Act• Unlawful to discriminate on grounds of sex, marital status, colour, raceEmployment Rights Act• Employees entitled to receive a Contract of Employment within 2 months of starting work• The right of an itemised pay slip• Rights regarding Sunday working, maternity and termination of employmentHealth and Safety at Work Act• Duty of care• Employers must meet minimum regulations concerning temperature, first aid, space, cleanliness, etc• Training should be provided for staff to enable them to carry out the H & S specified responsibilitiesMinimum wage• Employees must receive the minimum wage specified• May affect the age of employees selected• Policies must be kept up to date• Additional staff may be required - the payroll increases• Costs and time are involved with implementing and checking legislation

Maximum 3 for naming Acts