For everyone working Employing People: The Basics Dr Gary Davies - Role of Acas
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working for everyone Employing People: The Basics Dr Gary Davies
Agenda
1 2 3
Who we are Employer Case law
Responsibilities Update
SECTION 1
Who are we?
Our aim is to improve
organisations and
working life through
better employment
Confidential Impartial
Up-to-date
Practical
Independent
Who we are To achieve it we: We provide up-to-date information, independent advice, high-quality training and a range of services to help employers and employees solve problems and work together effectively
Who we are
The Acas Council
Business experts Trade Union Representatives Independent Members
Representing the interests of employers and employeesWho are we? Prevent or resolve disputes between employers and their workforce Provide information advice and training Settle complaints about employee rights Encourage people to work together more effectively
SECTION 2 Our areas of expertise
Areas of expertise Conciliation Collective conciliation helps parties in dispute to reach or make progress towards agreed settlements which they all find acceptable Individual conciliation helps settle complaints about employee rights. Early Conciliation parties can concentrate on settling their difference rather than preparing for tribunal.
Area of expertise
Comprehensive up-to-date advice to help you
Acas Website Acas Helpline Practical
face to faceSection 2 Contracts and statements
What is a contract of employment? • Legally binding agreement between an employer and an employee which is formed when an employee accepts the offer of employment in return for pay • Can be a verbal agreement • Intention to create legal relations
What must a written statement contain?
Principal statement
Name of employee Job title/job description
Place of work/ address
Name of employer
of employer
Date employment Holiday entitlement
began and pay
Pay and intervals
Working time
of payment
Hours of workVarying a contract of employment Contracts can be varied by: • Mutual agreement • A clause in the contract • Unilateral variation
Varying a contract of employment • Breach of contract • Imposed • Fundamental change • Constructive dismissal
Termination of contract
• Resignation
• Dismissal – fair or unfair
Cancelled
• Mutual agreement
• Expiry of fixed term
• Retirement
• Redundancy
ContractDismissals The five potentially fair reasons • Conduct • Capability • Redundancy • Statutory ban • Some other substantial reason
Pay on termination of contract
Notice and notice pay Holiday pay
Pay in lieu of notice Redundancy pay
Outstanding WagesSection 3 Pay and holidays
Protection of wages Deductions may be only where they are: • Statutory deductions • Authorised by written contract • By prior written agreement
Holiday pay • Entitlement is 5.6 weeks • Notice • Contractual entitlement • Bank/public holidays • Holiday year • Accrual during 1st year • Carry over
Hours • A limit of an average of 48 hours a week • 11 consecutive hours of rest in any 24 hour period • One day off each week • A limit on hours for night workers
Section 4 Working parents
Working parents • Maternity rights • Paternity leave • Adoption leave • Parental leave • Time off for dependants • Right to request flexible working • Bereavement Leave 2020
Section 5 Discipline & grievance
Code of practice
Deal with issues fairly
Deal with
Act Carry out
issues
consistently investigations
promptly
Inform
Allow them
employees Right to be
to put
of the accompanied
their case
problemFormal discipline
Make a decision
• Your procedure
• Past penalties
• Special circumstances
• Past record
Reasonableness
“a genuine belief
based on reasonable
grounds following a
proper investigation”Formal action Allow an appeal • Essential for natural justice • Timescale for appeal • Deal with promptly • Senior/different manager • Right to be accompanied
Why have a grievance procedure?
Resolve grievances
informally
Employees
may have Opportunity
problems or to deal with
concerns matters fairly
about their and speedily
work
Always agree a way forwardSection 6 Caselaw Update
On-call and National Minimum Wage Current guidance from BEIS: • If suitable facilities for sleeping are provided, minimum wage must be paid for time when the worker is required to be awake for the purpose of working (but not for time the worker is permitted to sleep). • If suitable sleeping facilities are not provided then minimum wage must be paid for the entire shift. • If workers are working and not expected to sleep for all or most of a shift, even if there are occasions when they are permitted to sleep (such as when not busy). Minimum wage must be paid for the whole of the shift. • Each case may be different depending on all of its individual circumstances. • Mencap v Tomlinson-Blake and Shannon v Rampersad Supreme Court judgement possibly 2019/ 2020.
Questions?
Acas Training
www.acas.org.uk/training
Recruitment, Discipline & Managing
Employment
selection & grievance at absence at
law update
induction work work
Conducting Equality &
investigations diversity
Redundancy
Difficult Essential skills Contracts of
&
conversations for supervisors employment
restructuringYou can also read
