Practical Employment Law

9th April

Part 1

What is the value of Unions today?

85% of UK companies are SMEs (Small-to-Medium Enterprise). It was Thatcher’s initiative that they should have a union.

Collective bargaining: union argues on behalf of employees

Acts on Contract and Conduct

Part 2 - Contractual Terms

Employee vs Worker (obligations for Employer and to Employer)

Temporary vs Expectations (replacements)

Rights under Zero Hours Contract

Incorporated Terms: Statute (Acts etc), Handbooks, Unions

Implied Terms: can’t undermine the trust between the Employer and Employee (theft, disciplinary procedures) for the benefit of each other

- Reputational Harm

- Material Non-Disclosure

Variations: If you stay, you are deemed to have accepted the change (Implied consent)

- ACAS.org

Leave: Discretionary, can be disproportionate or discriminatory

Government website: Maternity & Redundancy calculators

Data Protection: Penalty 40% of turnover

Modern workplace: a place to discuss issues and not view employees as problems

Part 3

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Part 4

Unfair Dismissal

prevented from continuing by reason of a contravention (insolvent, trustee etc)

Settling Claims: 111A Employment Rights Act - sit down and discuss

Lawful and unlawful discrimination