1. Terms of Reference:
This assignment asks to describe the impact of data protection legislation regulations on a specific business. The report will look at how the specific business will be affected by both employment and data protection legislation.
In order to carry out this assignment research will have to be collected this will come from a number of sources including the following: • Reference books
When looking at the laws that relate to the relationship between an employer and employee its clear to see that they have changed dramatically over the past few years, and there is now a difficult framework provided by UK law and influenced by European law. Employees now have more rights than ever before and therefore employers have more duties forced on them.
3.1 Differences between employees and independent contractors: In employment law there are two main types of workers:
• Employees- who are part of a business and have a contract of service • Self employed workers- who are independent contractors working for a business under a contract of service. Although both do technically work for a business when it comes to their contracts they have distinctly different rights. | |Employee |Independent Contractor | |Contractual status |Contract of service |Contract for service | |Insurance and welfare |Entitled to unemployment benefit, statutory sick pay, industrial |Very little welfare benefit and | |benefits |injury benefit and state pension, provided the employee has |statutory sick pay | | |contributed to these state schemes via National Insurance | | | |contributions. | | |Taxation |Income tax and national insurance payment deducted at source by |Ma be liable for own tax and | | |employer |national insurance payments, | | | |criminally liable for failure to pay| |Vicarious liability |Employers can be liable for civil wrongs of their employees |No such protection | |Safety |High standards of care imposed on employers towards their staff |Much lower standard of care required| |Employment protection |Right not to be unfairly dismissed, right to redundancy pay, |No such rights other than freedom | |rights |maternity and sick pay, right to belong to a trade union and time |from discrimination | | |off for union duties, freedom from discrimination | |
3.2 Main terms of a contract:
A contract of employment contains both the main rights and duties of both the employer and employee. These rights are specified in the terms of the contract which can be either express terms or implied terms. • Express terms – These are the main part of the individual contract, and will have discussed at an interview and confirmed in writing. They include pay, hours and holiday entitlement • Implied terms- These are the provisions in the contract within the contract that are not included as written terms but are understood to be included automatically. These tend to include terms such as the right to equal pay and the right not to suffer discrimination.
3.3 Employment Act 2002:
The Employment act was put in place to cover a variety of different areas within employment law, it gives the employees the rights thanks to the...