Employment Rights & Responsibilities (Modern Apprentices only)

Contracts of Employment Who has an employment contract? All employees have a contract of employment. A contract exists as soon as an employee accepts an employers terms & conditions of employment.

Legal Requirements to Contracts of Employment The Employments Rights Act 1996: Requires employers to provide employees within 2 months of starting work, with a written statement of the main terms & conditions! The only exception to this rule is Apprenticeships.

The Disability Discrimination Act 1995 The DDA gives disabled people rights in the areas of employment. From October 2004 the Act applies to all employers! The Act requires the employers make reasonable adjustments in the workplace for disabled employees, such as: Buying a special key board for a disabled operator who had difficulty in using a conventional keyboard etc. In relation to discipline & grievance procedures, employers must clearly ensure they do not discriminate in any area of practice, which could lead to a dismissal or any other detriment. E.g. Warnings.

The Disability Discrimination Act 1995 cont. The Act also covers people who have become disabled during the course of there employment. It is vital that the employer should discuss with the worker what there new needs really are! & what effect, if any the disability will have on there future job role/ work within the organisation. Any dismissal, including compulsory early retirement, of a disabled employee for a reason related to the disability would have to be justified! All employees are covered under the Act excluding prison officers fire fighters & police officers However since 1 st October 2004 the Act applies to all employees with the exception of the armed forces!

Paying Employees The National Minimum Wage Act was introduced in 1998! Followed by the National Minimum Wage Regulations Both the Act & the statutory regulations lay down the national minimum wage structure for all employees, it requires equal pay for men & women doing like for like work! with an exemption for apprentices aged under 18 years. For the plumbing industry a JIB National Working Rules pocket book outlines wages for each grade of plumber & year of apprenticeship.

Current Minimum Wage Rates! May 2005 Operatives aged between 16 & 17 years = £3-00 Operatives aged between 18 & 21 years = £4-10p Operatives aged 22 & above = £4-85p

Periods of Notice needed for Termination of Contracts of Employment Most employees are entitled to at least one weeks notice after one months service, from there employer! Two weeks notice after two years service & an additional weeks notice for each completed year of employment up to a maximum of 12 weeks for 12 years service. An employee however must give one weeks notice to the employer after 1 months service this does not increase with longer service. An employer is legally obliged to give written reasons for dismissal to an employee who asks for them providing the employee has been employed for 12 months! However most employers cover them selves by including in the contract of employment the amount of notice required by either party in the event of an employee leaving our an employer making the employee redundant.

Statutory Sick Pay As long as your National Insurance contributions are up to date & you earn over £82-00 per week so you pay national insurance, you will be eligible to claim (SSP) if you are of work fore more than 4 consecutive days! Employers are responsible for the payment of Statutory Sick Pay (SSP) for a period of four days or more up to a total of 28 weeks absence in any one period of incapacity for work. Employers faced with high levels of sickness at ant one time can claim financial assistance under a Percentage Threshold Scheme! Employers normally include procedures for reporting in sick in a company policy & the employees statement of employment.

Maternity Leave Maternity & Paternity Leave Regulations 1999 Pregnant Women have rights: Not to be unreasonably refused time off for anti-natal care & to be paid for such absences! To a minimum of 26 weeks ordinary maternity leave, which is paid by the employer, the first 6 weeks is “paid” at 90% of the employees weekly salary, the remaining 20 weeks at £ per week. In addition to this pregnant women may qualify for, an additional leave if they have completed 6 months continuous service known as statutory maternity leave “unpaid” for up to 26 weeks, if they have 26 weeks continuous service & earn above the lower limit for payment of national insurance contributions (Currently £82-00per week), this is paid by the employer who can obtain reimbursement via National Insurance & Tax Payments. The law requires an employer to keep records of statutory maternity pay allocated to employees!

Working Weeks for Plumbers The Joint Industry Training Board For Plumbing Mechanical Services in England & Wales outlines: A normal working week for plumbers shall be 37.5 hours consisting of 5 working days, Monday to Friday inclusive. Each day should consist of 7.5 hours Normal start time shall be 8am this may vary nationally or by agreement between employer & employee Where a job is designated a major project the normal working week shall be 38 hours. Major Project Agreements, can offer major project performance payments additional to the hourly rate for MPA jobs.

Short Courses involving Legal Requirements Most employers will send apprentices & operatives on short courses so they can legally undertake work that requires employees to become certificated & prove competence, such as: Water Regulations Gas Un-vented Hot water Energy Efficiency

Trade Unions Recognition Independent Trade Unions (trade unions certified as independent of employers by the certification officer) in organisations employing more than 20 workers have the right to claim recognition for “collective bargaining”. Collective bargaining takes place when a union is recognised to negotiate agreements with employers on pay & other terms & conditions of employment. Recognised trade unions have all the rights to information, consultation & time off for union duties & training issues.

ACAS The Advisory, Conciliation & Arbitration Services: An employee should seek advice from an immediate supervisor or line manager in the event of a disagreement / dispute, before considering discussing the mater with trade union shop stewards or ACAS. This organisation offers advice on all employment issues & disputes & is helpful in providing independent free advice to help arbitrate & sorting out individual grievances between employers & employees.+ Numerous free booklets are available, together with 3 chargeable booklets which are a valuable asset to anyone setting up in business who wants to stay on the right side of the law.

Data Protection Act 1998 The Act was introduced in 1994 & has since been updated it offers information on the collation & storage of personal details stored on a computer data base or paper based on an employee in a filing cabinet. The law requires employers who hold personal data on computers other than for pay role purposes to register with the Data Protection Officer. Since October 2001 individuals have been able to see all manual files held on them & be able to make complaints, seek correction or claim recompense. Enforcement is the responsibility of the Information Commissioner, who publishes a codes of practice on the use of personal data in Employer/Employee Relationships.

Company Policy The HASAW Act 1974 outlines: An employer employing 5 or more operatives needs to produce a written company safety policy, this will normally include: Safety Policy all PPE provided by the employer Health/ Safety Training/ induction etc. Customer Relation initiatives, e.g. how to conduct yourself on site or in a private customers home. Service Agreement Procedures, e.g. Number of days annual leave, if the number of days holiday will increase through length of service, & include hours worked in each week & the procedure for reporting sick etc.

Asbestos Found On Site The control of Asbestos at Work Regulations 2002: Outline that if asbestos is suspected an independent test company such as Rento-kill should be employed to test the substance, to see if it is Asbestos! Work should be suspended until the material is deemed safe or a specialised licensed HSE company has removed it. All waste should be double bagged & taken to a licensed specialist tip!

The Mechanical Services Sector Summit Skills is the sector skills council for the plumbing industry, which covers: Heating & Ventilating / Duct Work. Gas Installations, Domestic, Industrial & LPG. Oil Installations. Air Conditioning.

Joint Industry Board Plumbing Grades JIB GRADES are: Trained Plumber, Advanced plumber, Technical Plumber. Lets look at what’s involved for each grade! Trained Plumber: Must have obtained a NVQ level 2 qualification or City & Guilds 603/1 Craft Certificate or such other qualifications acceptable to the board. Entry by way of recognition through completing a 4 year term JIB apprenticeship. Must be at least 20 years of age Must be cable of working with minimum supervision.

Joint Industry Board Plumbing Grades cont. Advanced Plumber: Must have obtained an NVQ level 3 or a City & Guild 603 Advanced Craft Certificate. Having achieved the above NVQ level 3 must have worked as a trained plumber for a minimum of 1 year. Must be over the age of 21 for above If the operative has gained the 603 Advanced Craft Certificate at least 2 years as a trained plumber must have passed before you apply for regarding. Must be over 22 years for above Entry by completing a 4 year JIB apprenticeship. Must be able to work un-supervised!

Joint Industry Board Plumbing Grades cont. Technical Plumber: Must have superior technical skill. Obtained advanced short course qualifications acceptable to the board. Must be 27 years of age Must have had at least 5 years as an advanced plumber.

NVQ Level 3 A portfolio of evidence will be required again mainly from the work place with additional independent assessment taking place in the following areas: Un-vented domestic hot water. Gas ACS assessments (OPTIONAL). Water Regulations. Short Answer Assignment & Multi- choice phase tests will also be required.

JIB Graded Apprentices Rule 25- TRAINING PROGRESSION: All Apprentices will be required to attend college 1 day per week for there 4 year apprenticeship. By Contractual Agreement the employer must allow the employees aged between 16 & 17 years, without qualifications, reasonable time off with pay for study or training, enabling them to attain a reasonable standard & gain industry recognised qualifications.

Construction Industry The sector skills council for the construction industry is: The Construction Industry Training Board, (CITB) which covers: Bricklaying Carpentry Plastering Ground Working Construction crane & digger driving etc. Most of the construction building employers however are represented by, The Building Employers Confederation.

Consumer Protection Act 1987 An Act put in place to protect the customer against bogus companies out to make a quick buck! Any one found installing sub-standard or defective goods in/on a customers premises can be prosecuted under the agreements of this Act.

Pass Mark 80% for a clear pass = 20 correct or more. 70%,18 to 20 = Another chance with a plain answer sheet to attempt the questions you got wrong with no reference to your first attempt. If you still have not taken your score up to or over 80 % = Oral Questions. If you don’t manage to answer your Oral Questions = re-take another paper on another occasion. 69% or below 17 or less = refer take another paper on another occasion.