People and business Employment and the law

An introduction There are laws which relate to employment How a business recruits new employees How a business protects existing employees What happens if the business fails to comply Prosecuted by Government e.g. Dept. of Health & Safety Sued by people / business e.g. for lost earnings / sales

Protection for applicants In law, job applicants have certain rights Discrimination Equal opportunity Employment legislation Sex Discrimination Act 1975 Race Relations Act 1976 Disability Discrimination Act 1995 Employment Rights Act 1996 Minimum Wage Legislation

Sex Discrimination Act 1975 To stop males being treated differently from females (and vice versa) E.g. if a job advert for a PE teacher says ‘male applicants only’, this would be against the law BUT: exception made if, for some reason, the job must be done by someone of a specific gender E.g. a male PE teacher who would deal with male pupils in the changing room

Race Relations Act 1976 To stop people of one race, colour, nationality or ethnic origin being treated differently from others E.g. if a job advert for a waitress says ‘Spanish applicants only’, this would be against the law BUT: exception made if, for some reason, the job must be done by someone of a specific race E.g. a waitress working in a Spanish restaurant

Disability Discrimination Act 1995 Applies to employers with 20 or more workers To stop people with a disability being treated differently from people who do not BUT: exception made if there are ‘substantial reasons’ for not doing so E.g. costly alterations to a building or an office so that one disabled person can do a job there

Employment Rights Act 1996 The business does not have to give a worker a written contract of employment Document signed by the worker, before new job begins Agreement between the employer and the employee Includes job title, hours of work, duties, pay, notice etc But: a ‘statement of particulars’ must be given to the new employee within 8 weeks of starting work This document includes similar details to a contract of employment i.e. job title, hours of work etc

Minimum Wage Legislation To stop workers being exploited by employers Adult rate (for workers aged 22 and over) will increase from its present hourly rate of £4.85 to £5.05 in October 2005 Development rate (for workers aged 18-21 inclusive) will increase from the present hourly rate of £4.10 to £4.25 in October 2005 For more details, visit http://www.dti.gov.uk/er/nmw/

Protection for employees In law, employees have certain rights too The previous legislation still applies here I.e. equal opportunities for all employees Protection against discrimination because of gender, race or disability Additional employment legislation Health and Safety at Work Act 1974

Health & Safety at Work Act 1974 To make the employer responsible for the protection of workers from dangers at work Government health inspectors visit regularly, to ensure that the Act is being followed Health & safety standards cover many areas Safety equipment e.g. hard hat, on a building site Washing facilities and toilets i.e. basic needs Adequate breaks e.g. call centre operators

Revision: a quick test What employment law applies? Is it being broken? Q1. Advert for sales clerk says ‘male applicants only’ Q2. Busy VDU operator told to work through a break Q3. Chip shop won’t employ a partially deaf person A1. Sex Discrimination Act 1975 - definitely yes A2. Health and Safety at Work Act 1974 - definitely yes A3. Disability Discrimination Act 1995 - possibly yes or no Or: Health & Safety at Work Act 1974 - possibly yes or no

People and business End of presentation