Employment Laws

STATUTE

OVERVIEW

The Employment Agencies Act 1973

AMENDED by

Deregulation and Contracting Out Act 1994

SEE ALSO

The Conduct of Employment Agencies and Employment Businesses Regulations 2003

Provides regulations that agencies must adhere

The 1994 amendment removed the previous need for agencies to be licensed.

The 2003 regulations imposed additional limitations on the activities of agencies - for example: prohibiting agencies from actively participating in strike breaking by supplying workers

Agency Worker Regulations 2010

SEE ALSO

Part-Time Workers (Prevention of Less favourable Treatment) Regulations 2000

Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002

Designed to create a legal obligation for employers to provide equal pay and work times for agency staff in line with their direct workers

EU Agency Workers Directive

This legal stance introduced the first transnational agreement for equality among workers.

Employment Rights Act 1996

This Act concerns the rights of most employees in work including unfair dismissal, reasonable notice prior to dismissal, parental time off, redundancy and the right to request flexible working hours etc.

Employment Act 2008

This Act concerns the following:
Sections 1-7 Dispute Resolution in the workplace
Sections 8-12 National Minimum Wage
Section 13 Cadet Force Adult Volunteers
Section 14 National Minimum Wage
Section 15-16 Employment Agencies Standards
Section 19 Trades Union membership
Sections 20-23 General details of the Act

Human Rights Act 1998

SEE ALSO

European Convention on Human Rights

Every individual in the U.K. is entitled to the following Human Rights in line with their European Counterparts:

a right to life
a right to be free from torture and degrading treatment
a right to be free from slavery and forced labour
a right to liberty
a right to a fair trial
a right not to be punished for something that did not constitute a crime at the time it was committed
a right to respect for private and family life
a right to the freedom of thought, conscience and religion, and freedom to express your beliefs
a right to freedom of expression
a right to freedom of assembly and association
a right to marry and to start a family
a right not to be discriminated against in respect of these rights and freedoms
a right to peaceful enjoyment of your property
a right to an education
a right to participate in free elections
a right not to be subjected to the death penalty

This is important because each category attracts different legal rights at work.

MAIN EMPLOYMENT STATUS	STATUS RELEVANCE	KEY ENTITLEMENTS As an employee expect the specific legal rights shown below
EMPLOYEE	Employees attract the broadest rights together with increased responsibilities to and from an employer	Right to a minimum statement of employment terms Right to Statutory Sick Pay Right to a minimum notice period if your employment is to end Right not to be unfairly dismissed Right to maternity, paternity and adoption leave and pay Right to request flexible working Right to time off for emergencies Right to Statutory Redundancy Pay
WORKER	The term ‘WORKER’ relates to an employee who attracts more varied occupations often under more than one contract.	Not be paid less than the National Minimum Wage Right to challenge unlawful deduction from wages Right to an allowance of a minimum period of paid holiday (annual leave) Right to a minimum length of rest breaks MAXIMUM 48 hours work on average per week/Right to opt out of this Right to challenge unlawful discrimination Right to report inappropriate behaviour in the workplace
SELF-EMPLOYED	The term 'SELF EMPLOYED' relates to individuals who run their own business and take responsibility for its success or failure have several customers at the same time act autonomously to decide how, when and where they work are free to hire/sub-contract other people to carry out work for others provide the main items of equipment to do meet a work need

WORK PATTERNS
Different to an EMPLOYMENT STATUS in that it identifies your chosen working hours

PART-TIME	There is no set number of hours that makes someone full or part-time. However on average full-time work is considered to be 35 hours or more a week.
FIXED TERM SEASONAL	This form of employment is linked to a specified timescale or ends with the completion of a particular job or event occurs.
CONTRACTOR CONSULTANT	These self employed types are identified by their ability to commit to the following to ensure their work: bid or tender to secure work Specific goals to complete, individual choice when and how to complete all tasks autonomous working may sub-contract work submission of invoices for work completed responsible for self assessment tax and payments and National Insurance No holiday or sick pay when unavailable for work Self provision of major items of tools, equipment or materials that are a fundamental requirement to complete a job Own Quality control process to correct unsatisfactory work in own time and own expense Responsible for any losses, and profits from work The provision of services to several different customers Working within a contract (in which reference is for 'contract for services' or a 'consultancy agreement'). This will include a descriptive reference indicating 'self-employment', 'consultant' or 'independent contractor'
CASUAL ZERO HOURS	intermittently accept work for a particular company or business no business is obliged to offer a casual worker employment and they are not obligated to accept it - acceptance is an individual decision a contract describes the business relationship as 'casual', 'freelance', 'zero hours', 'as required' or similar formal signing of a company's standard terms and conditions in order to commit to the work allowing supervision or control by a company manager or director a commitment to complete the work deductions from wages for tax and National Insurance contributions are made by the company The provision of tools, equipment or materials required to undertake the work is supplied by the company
AGENCY OR ‘TEMP’	this refers to an individual who finds work either for full time hours over a short duration e.g. 1 day, 1 week etc, or below full-time hours each week/month by registering with a recruitment agency that is in contact with a number of employers for this specific purpose
OFFICE HOLDER	Office Holders are recognized as such if they identify to the following: a statutory appointment (e.g. registered company directors or secretaries, board members of statutory bodies, judges or tribunal members, or crown appointments, for example, the police) an appointment under the internal constitution of an organisation (e.g. club treasurers or trade union secretaries) an appointment under a trust deed (e.g. trustees) an ecclesiastical appointment (e.g. members of the clergy) there is no contract or service agreement in relation to the appointment the duties are minimal, and contain only the duties required under the relevant statute, constitution or trust deed Not in receipt of a salary or any other form of regular remuneration for services the only payment received is an honorarium (a voluntary payment), paid in respect of the post, regardless of the work -tax and National Insurance are deducted by the body responsible Autonomous and independent, not under the supervision or control of the responsible body
VOLUNTEER	In this instance you choose to commit yourself to provide a free service.

This is important because each category attracts different legal rights at work.

MAIN EMPLOYMENT STATUS

KEY ENTITLEMENTS
As an employee expect the specific legal rights shown below

FULL TIME

An average of 45 hours per week
An average of 5 hours overtime per week
employees who work continuously for 5 hours must be given an hour meal break
a weekly rest period of at least 36 consecutive hours which, unless otherwise agreed, must include Sunday.
by agreement, one day of annual leave on full remuneration for every 17 days on which the employee worked or was entitled to be paid
Termination of employment must follow these rules:
- one week, if the employee has been employed for six months or less;
- two weeks, if the employee has been employed for more than six months but not more than one year;
- four weeks, if the employee has been employed for one year or more
- is a farm worker or domestic worker who has been employed for more than six months.

WORK PATTERNS
Different to an EMPLOYMENT STATUS in that it identifies your chosen working hours

PART-TIME	There is no set number of hours that makes someone full or part-time. However on average full-time work is considered to be 35 hours or more a week.
FIXED TERM SEASONAL	This form of employment is linked to a specified timescale or ends with the completion of a particular job or event occurs.
CONTRACTOR CONSULTANT	These self employed types are identified by their ability to commit to the following to ensure their work: bid or tender to secure work Specific goals to complete, individual choice when and how to complete all tasks autonomous working may sub-contract work submission of invoices for work completed responsible for self assessment tax and payments and National Insurance No holiday or sick pay when unavailable for work Self provision of major items of tools, equipment or materials that are a fundamental requirement to complete a job Own Quality control process to correct unsatisfactory work in own time and own expense Responsible for any losses, and profits from work The provision of services to several different customers Working within a contract (in which reference is for 'contract for services' or a 'consultancy agreement'). This will include a descriptive reference indicating 'self-employment', 'consultant' or 'independent contractor'
CASUAL ZERO HOURS	intermittently accept work for a particular company or business no business is obliged to offer a casual worker employment and they are not obligated to accept it - acceptance is an individual decision a contract describes the business relationship as 'casual', 'freelance', 'zero hours', 'as required' or similar formal signing of a company's standard terms and conditions in order to commit to the work allowing supervision or control by a company manager or director a commitment to complete the work deductions from wages for tax and National Insurance contributions are made by the company The provision of tools, equipment or materials required to undertake the work is supplied by the company
AGENCY OR ‘TEMP’	this refers to an individual who finds work either for full time hours over a short duration e.g. 1 day, 1 week etc, or below full-time hours each week/month by registering with a recruitment agency that is in contact with a number of employers for this specific purpose
OFFICE HOLDER	Office Holders are recognized as such if they identify to the following: a statutory appointment (e.g. registered company directors or secretaries, board members of statutory bodies, judges or tribunal members, or crown appointments, for example, the police) an appointment under the internal constitution of an organisation (e.g. club treasurers or trade union secretaries) an appointment under a trust deed (e.g. trustees) an ecclesiastical appointment (e.g. members of the clergy) there is no contract or service agreement in relation to the appointment the duties are minimal, and contain only the duties required under the relevant statute, constitution or trust deed Not in receipt of a salary or any other form of regular remuneration for services the only payment received is an honorarium (a voluntary payment), paid in respect of the post, regardless of the work -tax and National Insurance are deducted by the body responsible Autonomous and independent, not under the supervision or control of the responsible body
VOLUNTEER	In this instance you choose to commit yourself to provide a free service.