Section 1 – Know the employment rights and responsibilities of the employee and employer
1. Identify four main points that would be included in a contract of employment. If possible, use an example contract to support your answer (feel free to obscure any confidential information).
In a contract for the job of Credit Controller the main points that would be included are:
1. Job title, job role and responsibilities.
2. Date of when contract/ job commences.
3. Hours of work.
2a) List three key points of legislation that affect employers in a business environment.
The Data Protection Act 1998 affects employers as they need to handle all employees’ data and any data held by them about outside agencies, business links and personnel. Legislation concerning pay such as the National Minimum Wage Act 1998 affects employers as they need to pay their workers the minimum wage or more. Employers must provide access to either a company pension scheme or a stakeholder pension scheme to their employees.
2b) List three key points of legislation that affect employees in a business environment.
There are statutory employment rights and contractual employment rights that affect every employee. These include pensions: legislation says that organisations with more than five people should have occupational pension schemes and in smaller organisations there should be access to a stakeholder pension scheme. Pay: Legislation such as the National Minimum Wage Act 1998, Equality Act 2012 and Working Time Regulations. Also there is legislation on pay for people on maternity/ paternity leave and about redundancy. Data Protection: Data Protection Act 1998 which restricts the use of personal data and under the act employees are entitled to see any information that is held about them by an employer.
3. Identify a range of places where a person can find information on employment rights and responsibilities. You should identify at least two internal and two external sources of information.
Citizens Advice Bureau
Educational establishments/ courses
4. Describe how representative bodies can support employees.
Representative bodies can support employees by explaining legal requirements and by ‘fighting’ for their case if they are treated unfairly in the work place or they want to make formal complaints. These representative bodies can help to protect the individual’s rights and help to improve the work place.
5. Briefly describe employer and employee responsibilities for equality and diversity in a business environment. You should give at least two employer responsibilities and two employee responsibilities.
If possible, provide relevant equality and diversity procedures from your workplace (or place of study) to support your answer. These documents should be annotated to highlight the relevant sections.
It is the employers’ responsibility to ensure that people are treated fairly. They can do this by training staff on equality and diversity topics and developing procedures to address equality and diversity issues. It is employers’ responsibility to hire people for their workforce in terms of their skills and suitability for the job and not based on culture, race, sexual orientation etc. They should ensure that line managers promote fair treatment of all people and that they appreciate diversity. Employers’ must follow all law regarding equality and diversity and follow correct procedures in event that these laws are broken by any of their members of staff. Employers must be fair themselves and set the best example in how to treat others respectfully.
It is the responsibility of employees to be aware of...