Employment Law, Contracts, Policies .. it’s all a bit confusing

Employment Law, Employment Contracts, Company Policies, Good Practice .. the lines sometimes are blurred and it’s easy to get confused .. what is actually a legal requirement/what is unlawful, what is bound by your contract and then differentiating between company policies, which can vary between organisations.

Here’s a a few pointers (as advised by ACAS) which, if you are career transitioning, might be helpful to know ..

PACKAGE, PAY AND WAGES

Find out what the going rate for the role is.  Remember that ‘total pay’ is often more than wages, it can conclude pensions, travel and meal subsidies for example.  Or it may refer to ‘total package’ which can include car allowance and potential bonus earnings.

WRITTEN TERMS

Hirers must provide an employee or worker with a written statement of employment particulars either before they start or on their first day.  (Ideally before the start).

FLEXIBLE WORKING

From April 2024, all employees have a legal right to request to work from day 1 of employment (previously this was 26 weeks service). Arrangements include hybrid working, job sharing, compressed hours and varying start/finish times.

HEALTH AND WELLBEING

Employers have a duty of care to their staff as well as specific responsibilities under health and safety law.  This can include stress, disability at work, mental health and supporting employees experiencing menopause.

WORKPLACE PENSIONS

Employers have a legal responsibility to enrol all eligible staff into a workplace pension and contribute to it from their first day of work. This is referred to as automatic enrolment.

HOLIDAY ENTITLEMENT

All employees and workers, including those on zero- hours contracts, begin to build up paid holidays from the moment they start work.

DISCIPLINE AND GRIEVANCES

Employers will have policies and procedures in place. Workers have the right to be accompanied at all disciplinary hearings that may result in a formal outcome; or at grievance meetings about alleged breaches of contractual terms or legislation.  The companion can be either a colleague or a certified member of a Trade Union.

STATUTORY MATERNITY, PATERNITY, ADOPTION AND SHARED PARENTAL LEAVE

An employee who gives birth has the right to 52 weeks maternity leave, regardless of length of service. They may also have the right to 39 weeks’ maternity pay.

An employee who is adopting has the right to 52 weeks adoption leave, regardless of length of service.  They may also have the right to 39 weeks adoption pay.

Subject to eligibility criteria, an employee whose partner has given birth or is adopting might be entitled to two weeks paternity leave and pay, which includes same sex partners.

Shared parental leave allows parents flexibility in how they arrange and balance their time off and their work in the year after the birth, or the adoption of a child.

 

Have a look at the Acas website (www.acas.org.uk) for more info.

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