Employment Law
Employment Law and why take the law seriously
Employment Law and contracts
Basic facts an employer should know about employment law:
- All employees have an employment contract even though you might not have given a written one, the day your employee started working a contract will automatically exist under employment law.
- Employment law rulings don't allow you or your employee to change an employment contract without each other's agreement. Changes can normally only be made after negotiation and agreement.
- Under the current employment law, a breach of contract happens when either employee or employer breaks one of the terms of contract.
- Employment contracts should include details of overtime pay rates and how they are worked out.
Employment Law and pay
- Employment law rulings state your employee has the right to know when and how much they will be paid. Each employee must receive an individual detailed written pay statement, either when they are paid or shortly before.
- An employment contract may state what sick pay your employee is entitled, however employment law states you cannot offer less than Statutory Sick Pay.
- If you pay bonuses and you pay them at your discretion i.e. you the employer decides who gets paid under employment law, your discretion must be justifiable.
- There's no legal right to pay overtime for working extra hours, and there are no minimum statutory levels of overtime pay( rate must above National Minimum Wage).
- Employment law rulings state the National Minimum Wage this is a minimum amount per hour that most workers in the UK are entitled to be paid.
Employment Law working hours
- Any employee can ask their employer for flexible work arrangements, but employment law also provides some employees with the statutory right to request a flexible working pattern.
- Employment law stops adult workers from being forced to work more than 48 hours a week on average. Employment law also prevents workers under 18 (over school leaving age) from work more than eight hours a day or 40 hours a week.
- Employees are entitled under employment law to rest breaks, an uninterrupted break of 20 minutes when daily working time is more than six hours.
- Under the Working Time Regulations 1998, regulation 10, employment law entitles workers to a rest periods of 11 consecutive hours rest in each 24 hour period during which they work for the employer.
- An adult worker is also entitled to one day off a week; this can be averaged over 2 weeks.
- Employment law also prevents young employee working more than 4 .5 hours at a time, then they are entitled to a break of 30 minutes. A young employee is also entitled to twelve uninterrupted hours in each 24-hour period in which they work.
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