UK Employment Law Study Notes

Study Notes

UK Employment Law Study Notes

Employee Rights

Minimum Wage: Employees are entitled to at least the National Minimum Wage; rates vary based on age and status.
Working Hours: Maximum working hours are generally 48 per week unless an opt-out is signed.
Rest Breaks: Employees have the right to rest breaks and a minimum of 24 hours off in a week.
Holiday Entitlement: Employees are entitled to a minimum of 5.6 weeks of paid annual leave.
Sick Leave: Statutory Sick Pay (SSP) is available for eligible employees who are unable to work due to illness.
Family Leave: Rights to maternity, paternity, adoption, and shared parental leave are established.

Discrimination Law

Protected Characteristics: Discrimination is prohibited based on age, gender, race, disability, sexual orientation, religion/belief, pregnancy, and marriage/civil partnership status.
Equality Act 2010: Consolidates and strengthens previous anti-discrimination legislation.
Direct Discrimination: Treating someone less favorably because of a protected characteristic.
Indirect Discrimination: A policy that applies to everyone but disadvantages individuals with a protected characteristic.
Harassment: Unwanted behavior related to a protected characteristic that violates dignity or creates a hostile environment.
Victimization: Treating someone unfairly because they have made a complaint or supported someone else's complaint.

Contract Law

Employment Contract: Legally binding agreement outlining the terms of employment (can be written, oral, or implied).
Key Terms: Include salary, working hours, duties, holiday entitlement, notice periods, and any probationary periods.
Written Statement: Employers must provide a written statement of employment particulars within two months of starting work.
Breach of Contract: Employees can claim for damages if an employer fails to adhere to the contract terms.
Constructive Dismissal: Occurs when an employee resigns due to the employer’s breach of contract.

Dismissal Procedures

Types of Dismissal:
- Fair Dismissal: Includes misconduct, capability, redundancy, statutory restriction, or other substantial reason.
- Unfair Dismissal: Dismissal that does not follow fair procedures or lacks a valid reason.
Procedural Fairness: Employers must follow a fair disciplinary process (investigation, hearing, appeal).
Notice Period: Employees are entitled to a notice period as stated in their contract or the statutory minimum (1 week for each year of service, up to 12 weeks).
Right to Appeal: Employees should be given the opportunity to appeal against their dismissal.
Employment Tribunals: Employees can seek recourse for unfair dismissal claims through employment tribunals.

Employee Rights

Employees entitled to the National Minimum Wage, with rates differing by age and status.
Maximum working hours capped at 48 per week unless an opt-out agreement is signed.
Right to rest breaks and a minimum of 24 hours off weekly.
Minimum of 5.6 weeks of paid annual leave for employees.
Statutory Sick Pay (SSP) available for eligible employees unable to work due to illness.
Established rights to maternity, paternity, adoption, and shared parental leave.

Discrimination Law

Discrimination prohibited based on age, gender, race, disability, sexual orientation, religion/belief, pregnancy, and marriage/civil partnership status.
Equality Act 2010 consolidates and enhances previous anti-discrimination laws.
Direct discrimination occurs when individuals are treated unfavorably due to a protected characteristic.
Indirect discrimination arises from policies that disadvantage individuals with protected characteristics.
Harassment involves unwanted behavior tied to protected characteristics affecting dignity or creating a hostile environment.
Victimization refers to unfair treatment for making a complaint or supporting a complaint.

Contract Law

Employment contract serves as a legally binding agreement detailing employment terms (can be written, oral, or implied).
Key contract terms include salary, working hours, job duties, holiday entitlement, notice periods, and probation.
Employers must provide a written statement of employment particulars within two months of commencement.
Employees may claim damages if an employer breaches contract terms.
Constructive dismissal occurs when an employee resigns due to an employer’s breach of contract.

Dismissal Procedures

Fair dismissal reasons include misconduct, capability, redundancy, statutory restriction, or other significant reasons.
Unfair dismissal happens when dismissal procedures are not followed or lack justifiable causes.
Procedural fairness requires employers to conduct a fair disciplinary process including investigation, hearing, and appeal stages.
Employees entitled to a notice period as specified in their contract or statutory minimum (1 week per year of service, max 12 weeks).
Right to appeal against dismissal must be afforded to employees.
Unfair dismissal claims can be addressed through employment tribunals for resolution.

Description

Explore the fundamental aspects of UK Employment Law in this quiz. Covering employee rights such as minimum wage, working hours, rest breaks, holiday entitlement, and sick leave, this resource aims to enhance your understanding of essential legal protections. Perfect for students or professionals looking for a comprehensive overview.