Employers have a number of legal responsibilities to protect their employees. Failing to comply with employment law can result in fines for employers and compensation for workers, so it is important for employers to be aware of their responsibilities.
The six main aspects of employment covered by law include:
Contracts of employment
All employees should have a contract with their employer, which should include:
- Employment conditions
- Rights
- Responsibilities
- DutiesÂ
An employment contract does not have to be written down, when an employee accepts a job, they then have a contract with their employer.
The employer must also comply with the national minimum wage requirements, as determined by the age of the employee.
Employment lawyers can also protect sensitive company information by including robust confidentiality and non-disclosure clauses and ensuring employees are correctly classified to avoid misclassification-related legal issues. Â
For businesses with international operations, these legal professionals can help navigate complex international labor laws and immigration regulations when drafting employment contracts, providing a comprehensive approach to employment contract review. Visit this website for more info.
Working Hours and Holidays
There is a legal minimum for holiday entitlement based on the number of hours worked. Most workers who work a 5-day week must receive a minimum of 28 days holiday entitlement. Part-time workers have a holiday entitlement that is calculated as a ratio of hours worked.Â
In the UK, there is a working time directive that prevents employees from working more than 48 hours per week. However, it is possible for people to opt-out of the directive, but this should usually be in situations where 24-hour staffing is required, or you work in a critical role such as armed forces, emergency service or police.
Health and Safety
Employers are legally required to manage health and safety in the workplace to protect their employees. There are many responsibilities that fall under this category, including carrying out risk assessments, providing PPE if the environment requires PPE etc.Â
Different types of businesses have different H&S responsibilities and employers who break the H&S laws can receive significant fines, particularly if negligence results in death or injury. As an employer, you should have a specified person who is responsible for H&S and you should also be able to rely on your team around you to report any health and safety issues.
Discrimination
Anti-discrimination laws apply to gender, race, disability, age and sexual orientation. The anti-discrimination laws are in place to protect employees and job candidates from being discriminated against due to any of the listed personal characteristics. The Equality Act was introduced in 2010 and there is also the Equal Pay Act that helps to protect employees.Â
Employers can enforce anti-discrimination laws by implementing a series of proactive measures. Establishing an accessible and confidential reporting procedure for discrimination complaints is crucial, encouraging employees to report such incidents without fear of retaliation. When complaints arise, conducting prompt, impartial, and thorough investigations is essential, with well-trained personnel handling the process and documenting all findings.Â
If discrimination is confirmed, taking appropriate corrective action, consistent with company policies and legal requirements, is imperative. Employers should also actively promote equal employment opportunities, diversity, and inclusion in their practices while making reasonable accommodations for disabilities and religious beliefs when necessary.Â
Additionally, regularly reviewing and adjusting policies to comply with anti-discrimination laws, engaging legal counsel for guidance, and fostering a culture of inclusion and open communication are key to upholding these laws effectively. By following these steps, employers can create a workplace free from discrimination.
Data Protection
The Data Protection laws apply to employee data, as well as customer data. As an employer, there is a responsibility to keep employees’ personal information protected, using processes and systems that adequately protect their data. Employers require permission to keep any sensitive data about employees such as religion, sexual orientation, health and medical conditions. Any data breaches that involve employee data can be reported and the victims may be paid compensation depending on the severity of the breach.
Sick Leave
By law, employers must pay £96.35 per week for Statutory Sick Pay if an employee is too ill to work. The employee must be eligible and must comply with the sick leave policy, for example, the employee must provide a sick note from a doctor if they are sick for longer than 7 days. Ineligible categories include self-employed workers, people who have had SSP for more than 28 weeks and people who have had Employment and Support Allowance in the last 12 weeks.
These are six of the main aspects of employment that are covered by law and employers must have adequate processes in place to keep their employees protected. Failure to do so can result in large fines and even business closures in cases of gross negligence.