Employment Law

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[edit] Introduction

There are four main stages to employment relations:

• Pre contractual.
• Formation of relationship - contract agreement
• Employment period.
• Termination of relationship.

[edit] Legislation and guidance

Guidance notes assist practices to keep up to date with changing regulations

• RIBA employment policy
• Employment Rights act 1996
• Employment Act 2008
• Equality Act 2010 applies to all.
• Health and safety regulations.

[edit] Nature of relationship

[edit] Employee

• 'Contract of employment' directly with employer
• Rights under Employment Rights Act 1996 apply.

Benefits:

• Long term relationship of mutual trust and respect.
• Holiday pay.
• Regular agreed pay.
• Sick leave pay.
• Access to pension scheme.
• Time off to help dependants (emergency only, e.g. death of dependant, child care) Without pay.

[edit] Temporary employee

Similar to an employee, but:

• Fixed term contract with an end date.
• Can apply for full time status after 4 consecutive renewals of the same contract.
• Objective justification for employer to decline.

[edit] Part-time employee

• Working week/hours defined.
• Entitled to the same benefits as employee.
• Employer legally required to consider request - they are not obliged to agree but must have sound business reason for not.

[edit] Agency staff

• Tripartite relation with agency (employer) and end user.
• Contract between agency and employer.
• Benefits are dealt with by agency.
• Can be terminated by end user on short notice.

Agency Workers Regulations 2010:

• Principal of equal treatment
• Right to the same basic working and employment conditions as if engaged directly by hirer.

Onshore employment intermediaries act 2014:

• Treated as employee for tax purposes. This prevents the end user exploiting as means to avoid paying NI & tax.

[edit] Consultants

• Usually engaged for specific project.
• No benefits as they are seen as a supplier.

[edit] Dismissal

Fair reasons for dismissal S98 (ERA 1996):

• Breach of disciplinary codes.
• Redundancy.
• Capability.

Procedures for fair dismissal are outlined in the Employment Act 2008.

[edit] Related articles on Designing Buildings

• Court of appeal ruling on holiday pay and employment status.
• Equality Act.
• Equal opportunities policy.
• Gangmaster.
• Good Work Plan promises clearer contracts, fairer rules
• IR35.
• Non-productive overtime.
• PAYE.
• Payroll companies.
• Personal service company.
• Professional indemnity insurance.
• TUPE considerations and bidding.
• TUPE Regulations.
• Umbrella companies.

Comments

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