Daniel

Panford

Unit 1

Principles of Personal
Responsibilities and
Working in a Business
Environment

1. Know the employment rights

and responsibilities of the
employee and employer
1.1 Identify the main points of contracts
of employment
1.2 Identify the main points of legislation
affecting employers and employees
1.3 Identify where to find information on
employment rights and responsibilities
both internally and externally
1.4 Describe how representative bodies
can support the employee

1. Know the employment rights

and responsibilities of the
employee and employer
1.5 Identify employer and employee
responsibilities for equality and
diversity in a business environment
1.6 Explain the benefits of making sure
equality and diversity procedures are
followed in a business environment

What is a contract?

What is a contract?

Acontractis
anagreementbetween
two or more people that
is legally binding.
It can be verbal or written.

What is a Contract of
Employment?

What is a Contract of
Employment?
A contract of employment is a legal
document that sets out the details of a
persons employment.
It defines the legal relationship
between the employer and the
employee.
When both parties have signed it, it is
then binding; this means that both the
employer and employee have to obey
its terms.

Views on Employment Contracts (1

of 2)

The association between an employer

and employee is a legal relationship
governed by the Contract of
Employment
Basic terms and conditions are agreed
at the start of employment and may
be enforced in court
The existence of a contract confers
obligations on both parties and access
to various right

Views on Employment Contracts (2

of 2)

Employment contracts are varied,

reflecting the different types of
employment
Shift away from traditional,
standard employment
arrangements
Shift away from employment to
more flexible arrangements, e.g.
self-employment or agency working

Contract of employment

Over 80 per cent of people who

work in the UK are employees and
have a contract of employment
Employer: legal term to describe
the dominant partner in the
employment relationship
Self-employed have greater
autonomy but little legal
protection

Owed by Employers to Employees

A general duty of care

A duty to pay agreed wages
A duty to provide work
A duty not to treat employees
in an arbitrary or vindictive
manner
A duty to provide support to
employees

Owed by Employees to Employers

A duty to cooperate
A duty to obey
reasonable, lawful
instructions
A duty to exercise
reasonable care and
skill

Owed by Employers to Employees

and Vice Versa

To maintain a
relationship of
mutual trust and
confidence

Owed by Employers and ExEmployees

Duty of fidelity

Format of a Contract of Employment

Can be in written or verbal

form
better if written
Comes into existence when an
unambiguous offer of
employment is made and is
unconditionally accepted
Courts look at the evidence of
the reality of the relationship
between the parties

Changing a Contract of
Employment

Once agreed, neither side can alter

the terms and conditions which
govern their relationship without the
agreement of the other
Legal action can follow if an employer
forced change through without the
agreement of the employee
Employee can bring a breach of
contract claim or resign and claim

Employment Rights Applying

to all Workers

Accesstostatutoryemploymentrights

Employment Rights Applying

to Employees

Accesstostatutoryemploymentrights(Continued)

Group Activity
As an administrator for a family
business, you have been asked by
your line manager to design a
contract of employment for new
employees.
In bullet points list the at least 12
items that should be in a contents of
this document

Checklist for Preparing a Contract of

Employment (1 of 2)

1.Name of employer and employee

2.Date employment began
3.Job title
4.Rate of pay, period and method
of payment
5.Normal hours of work
6.Arrangements for holidays and
holiday pay, including means of
calculating these precisely

Checklist for Preparing a Contract of

Employment (2 of 2)

7.

Terms and conditions relating to

sickness, injury and sick pay
8.
Pension terms and conditions
9. Notice periods from both employee
and employer
10.Disciplinary rules and procedures
11.Arrangements for handling employee
grievances
12.Conditions of employment relating to
trade union membership, where
applicable

Terms and conditions within a

contract

The Working Hours

For different groups of employees may

vary. Some may work shifts and others
may be expected to work flexible hours. In
this case, the specific starting and finishing
hours may be absent from the contract.

Holidays
All employees have the legal right to a
minimum of four weeks paid holidays if
they work full-time, but some employers
may be more generous than this.

Terms and conditions within a

contract

Sick Pay
There is no legal entitlement to sick pay but many
employers will pay their employees for a maximum
number of days at their normal rate of pay. The
number of days will vary between organisations
however; once an employee has more than 3-5 (7)
days off continuously they must provide their
employer with a Doctors certificate in order to claim
statutory sick pay which each person is entitled to
up to 28 weeks.
Notice
There is a minimum amount of notice that you or
your employer has to provide if the contract is
terminated. Some employers extend this, particularly
for senior staff. For example, a manager might have
to give longer notice than a more junior employee.

Terms and conditions within a

contract
Job Requirements
These will vary depending upon the type of job
and workplace. If you work for an organisation
which is very busy at a particular time of the year
your contract may state that you are not allowed
to take holidays at this time except by special
agreement with a senior manager. If you deal with
members of the public your contract may state
that you have to observe company dress
guidelines or wear a uniform.
Disciplinary Rules and Grievance Procedures
The rules and procedures between individual
workplaces will vary, so must be checked
carefully.

Terms and conditions within a

contract
Training
Your contract may state the training
events that you must attend as part of
your job and which are provided free by
your organisation.
Health and Safety
Your contract is likely to refer you to the
company policies on health and safety.
These must be followed by all employees.

Terms and conditions within a

contract
Company Rules and Regulations
Some of these may be set out in a separate
document.
They are likely to cover:
the procedures to follow if you are absent from work
because of illness,
the company non-smoking rules,
the rules relating to using IT equipment and
specific security regulations.

Some organisations which are very strict about

security may even include specific terms such as
the right to search which gives them the ability
to search employees if there is reasonable
evidence of theft.

Terms and conditions within a

contract
Codes of Behaviour and Other Company Policies

These are likely to be in separate documents such as

an employee handbook. They relate to rules for
employees and also codes of practice within the
company.
For example, many organisations have codes of
behaviour and polices in relation to equal
opportunities, maternity, paternity and
parental leave policies; policies on breaks from
work and emergency leave and welfare policies
for staff (such as assistance if someone is ill for
a long time).
The company may also have a promotion policy but
would never promise promotion in a contract in case
this couldnt be guaranteed.

Where do you find information on

employment rights & responsibilities?

Most organisations will have a HR

Department which holds information
about every employee within the
company.
This is the department you would speak
to about pay, holiday, sickness, personal
and personnel details and could help you
with any grievances and disciplinaries.
They are very important to an
organisation.

The two main external

organisations that can help by
offering help and advice about
employment rights are:
The Advisory, Conciliation and
Arbitration Services (ACAS) and,
Citizens Advice Bureau (CAB)

The Advisory, Conciliation and Arbitration

Services (ACAS) and,
Citizens Advice Bureau (CAB)

Both organisations are free to use and

do not charge for their services, they are
almost the equivalent to a trade union
except they only offer advice. ACAS can
help that step further by giving you
advice and help if you were taking your
employer to a court tribunal.
Officers of ACAS will often help parties to
reach a settlement before the case comes
to tribunal and as a result majority of
cases get settled or are withdrawn

What is Equality and

Diversity?
Equality- Definition
The term is associated with the 1970s
and 80s and concentrates on
removing discrimination, creating a
fairer society and equality of
opportunity. Backed by legislation.
Dictionary Definition A state of being
equal

What is Equality & Diversity?

Diversity A definition
Recognising and valuing difference.
About creating a culture that recognises,
respects, values and harnesses
difference for the benefit of all. Dictionary
the presence of a wide range of variation
Including everyone.

Equality & Diversity

Equality and Diversity is the current
term used for Equal Opportunities.
It is the legal obligation to protect
against discrimination.
Discrimination can be against a
persons sex, gender, disability, sexual
orientation, religion, belief, race or age.
What do you think the definition of
Equality & Diversity might be?

Definitions
Equality equal rights and
treatment to all individuals
Diversity difference from what is
normal or expected

Employer and employee

responsibilities for equality and
diversity

Employer responsibilities for equality and diversity

include:
acting in accordance with the relevant legislation
concerning equality and diversity
actively promoting equality and diversity policies
throughout the organisation
acting quickly on any issues which relate to equality
and diversity, to show that they take these matters
seriously.
Employees must also make sure that they follow
the companys equality and diversity procedures.

Benefits of making sure equality

and diversity procedures are
followed

Following equality and diversity procedures

ensures that all staff are treated equally and
fairly.
It also ensures that nobody is discriminated
against on the basis of their gender, age,
disability or religion.
It will create a positive working environment for
all staff.
It will provide a sense of security for all staff,
knowing that they will be treated fairly by their
employer.

More information about your

employment rights can be
found

www.acas.org.uk
www.citizensadvice.org
.uk

1.1 The main points of

contracts of employment
will include:
Sick pay

Job description
Start date
Rate and date
of pay
Hours of work
Holiday
entitlement
Location

arrangements
Notice periods
Information on
discipline and
grievance, pensions
and pension schemes
or if not included
where to find out
about them

1.2 Identify the main points of

legislation affecting employers
and employees

1.2 Legislation such as:

Employment Rights legislation

National Minimum Wage legislation

Employment legislation
Working time Regulations
Part Time Workers Regulations
Equality and anti-discrimination
legislation

1.3 Identify where to find information on

employment rights and responsibilities both
internally and externally

1.3 Where to find information on

employment rights and responsibilities
includes:
Information from internal sources such as line
manager, Human Resource department

Information from external sources such

as websites (e.g. directgov.co.uk,
hse.gov.uk) or representative bodies
for example ACAS, Citizens Advice
Bureau.

1.4 Describe how

representative bodies can
support the employee

1.4 For example:

advice and guidance

conflict resolution

1.5 Identify employer and

employee responsibilities for
equality and diversity in a
business environment

1.5 Employer responsibilities may include:

Abiding by the relevant areas of
legislation appropriate to the workplace
including:
Disability Discrimination
Employment Equality
Equality
Sex Discrimination
Equal Pay

1.5 Identify employer and employee

responsibilities for equality and diversity
in a business environment
Providing employees access to the relevant
information
Investigating any issues that arise in
relation to equality and diversity
employee responsibilities may include:
Following company policies relating to
equality and diversity
Treating colleagues with respect
Reporting issues

1.6 Explain the benefits of making sure

equality and diversity procedures are
followed in a business environment

1.6 The benefits of making sure

equality and diversity procedures
are followed in a business
environment may include:

creates an environment where

employees feel valued and supported
Employers can draw upon the skills
and experience of a wide range of
people.