Posts Tagged ‘maternity’

The Importance of Employment Law

September 30th, 2011

Employment law is the set of rules and regulations that govern the rights and restrictions of workers and employers. It is through employment law that regulations such as minimum wage, working hours and maternity leave are decided and enforced. Consequently, an understanding of it is vital for both employers and employees: not knowing your rights could lead to problems in the workplace. In many cases, it is because of a lack of understanding of your rights as a worker or as an employer that solicitors become involved in a business: being aware of what the law requires of you could mean that there is less risk of violating your working contract.

The complexities of employment law mean that it is often difficult to successfully argue your own case in court. Consequently, there are specially qualified employment solicitors who focus primarily, or solely, on cases involving employment law. This means that they are able to present your case to an employment tribunal or negotiate compensation in order to ensure that you receive the best possible outcome for your case. In many instances, however, cases of unfair dismissal or discrimination may not be noticed if a person is not aware of how the law relates directly to them; it is important therefore for everyone of working age to have a basic knowledge of how employment law affects them.

Although employment regulations have been an issue for many years, laws have been enforced most significantly in the UK within the last 20 years. The Employee Rights Act of 1996, for example, enabled workers to ask for flexible working hours and ensured that there were regulations in place to avoid instances of unfair dismissal. Further to this, the Minimum Wage Act and the Working Hours Act, both in 1998, increased workers rights and ensured that they would be treated fairly by their employers. It is therefore clear to see that employment law relates to employers as well as to workers: if an employee is aware of his or her rights, and is therefore also aware that they are not being respected, then they have the right to hire solicitors in order to rectify the situation.

Although employment law may seem like something that is irrelevant to you as an individual, it is vital that you understand the basic principles. Although we all hope to not be put in a situation in which we are being treated unfairly, there is always the possibility that our rights may be violated: consequently, taking the time to learn a little about the laws regarding workers and employers may prove to have been a vital investment in your future.

Top Tips For Employment Law Policies

September 20th, 2011

Without basic formal employment law policies there is a much higher risk of unwanted disputes and legal issues. Data Protection is an important thing to be covered in employment policy, it should adhere to the regulations set out in the Data Protection Act (1998) which discusses the way an individual’s information should be used and held. This policy should cover processing data, collection of data, transferring data and retaining data.

Equal opportunities policy is meant to be used by employers to ensure the company follows equality responsibilities set out by anti-discrimination legislation. It should include a statement about the aim and objective of the policy as a whole, who the policy applies to, the specific actions that will be taken to prevent discrimination and promote equal opportunities, how these will be implemented and who is responsible for this, how it will be monitored and reviewed and how complaints will be handled.

Complementary to this is the Age Discrimination Policy; this covers the obligations of employers under the Employment Equality (Age) regulations (in place since 1st October 2006) which regard age equality and retirement. In terms of retirement it covers banning unjustified retirement under 65, the employee’s right request to work beyond retirement age as well as the employer’s duty to then consider the request and that the employer has to give at least 6 months notice of the retirement data to the employee.

Other key policies to have in place are maternity, paternity and adoption leave. Maternity leave policies should include ante-natal appointments, that the employee has to inform the company of the pregnancy, protection during the leave, statutory maternity pay and that the employee will return to work after the leave. Paternity and adoption leave should both cover eligibility for leave, the length of leave and the statutory pay.

A further policy to consider is a sickness and absence policy which should cover the procedure for notification and certification of absence and medical examinations. It can also overlap with health and safety policy covering risk assessments, injury at work and manual handling.

Another key policy is the drug and alcohol policy which should clearly cover employee’s use of illegal drugs, testing for alcohol or drug use, employee’s refusal for testing, confidentiality, disciplinary action and monitoring and reviews.

There are many important employment law policies to consider and it is vital to make sure they are clear and fully outline all the details in order to avoid legal complications.