HRM-legislation

8/12/2019 HRM-legislation

1/25

JW 2008 1

Legislation

A main function of the HR department is toensure the organisation is fully aware of any

relevant legislation All policies and procedures should be in line

with current legislation

Legislation is continually being updated whichmakes this an ongoing task for everyorganisation


2/25

JW 2008 2

The Main Areas ofLegislation

Equal Opportunities

Employment Protection

Health and Safety


3/25

JW 2008 3

Equal Opportunities

Equal Pay Act 1970

Sex Discrimination Act 1975

Employment Equality (Sexual Orientation)Regulations 2003

Race Relations Act 1976

Employment Equality (Religion or Belief)Regulations 2003

Disability Discrimination Act 1995


4/25

JW 2008 4

Equal Opportunities Task

Working in pairs and using the ACAS website www.acas.org.ukuse the Equality link to read

about the advice provided by ACAS under eachof the headings

In your jotter write a short paragraph on each

The Employee Questions and EmployerQuestions links might also be useful
http://www.acas.org.uk/http://www.acas.org.uk/


5/25

JW 2008 5

Example paragraph

Equal Pay Act 1970

Men and women should receive the same pay and

conditions for doing broadly similar, but notnecessarily identical work. The Act ismonitored by the Equal OpportunitiesCommission. Employees are also entitled to

know how their pay is made up. E.g., bonusschemes


6/25

JW 2008 6

Employment Protection

Employment Rights Act 1996

Working Time Regulations Act 1998

National Minimum Wage Act 1998 Employment Act 2002

Employment Relations Act 2004


7/25

JW 2008 7

Employment Rights Act 1996

States duties and rights of the employer andemployee

Includes the employees rights to maternityand paternity leave

Details regarding termination of employment

Right to a written contract of employmentwithin 60 days of starting work

Details regarding Sunday working

Right to a written pay slip


8/25

JW 2008 8

Working time RegulationsAct 1998

a limit of an average of 48 hours (though workers canchoose to work more if they want to)

a limit of an average of 8 hours work in 24 which

night workers can be required to work right for night workers to receive free health

assessments

right to 11 hours rest a day

right to a day off each week right to an in-work rest break if the working day is

longer than 6 hours

right to 4 weeks paid leave per year


9/25

JW 2008 9

National Minimum WageAct 1998

Aimed at providing employees with decent minimumstandards and fairness in the workplace

Applies to nearly all workers and sets hourly ratesbelow which pay must not be allowed to fall

Rates set are based on the recommendations of theLow Pay Commission

Age Group Amount

Over 21 5.7318 - 21 4.77

16 17 3.53October 2008


10/25

JW 2008 10

Employment Act 2002

Maternity, paternity and adoption leave Flexible working practices and fairness

Dispute resolution disciplinary and grievanceprocedures reviewed Time off for Trade Union Reps Equal Pay questionnaire can be given to

employer if there is doubt about the paystructure

Treatment of employees on Fixed TermContract

Gives additional rights such as:


11/25

JW 2008 11

Employment Relations Act2004

Deals mainly with employee relations and theoperation of the statutory recognition

procedure for trade unions The law on industrial action ballots and ballot

notices

When arbitration should take place

Unfair dismissal

Grievance and disciplinary hearings


12/25

JW 2008 12

Health and Safety

Health and Safety at Work Act 1974

The Factories Act 1961

Office, Shops and Railway Premises Act 1963 Control of Substances Hazardous to Health

Regulations 1988

The Fire Precautions Act 1971


13/25


14/25

JW 2008 14

Employer Duties

all machinery is properly maintained

all hazardous substances are dealt with properly all staff are trained and informed of potential

dangers

that the environment is safe and non-hazardous to

the health of the employees risk assessment of the building are carried out

safety officers are appointed to carry our regularinspections of the workplace

Employers must take every reasonable step toensure that:


15/25

JW 2008 15

Employee Duties

Expected to behave in a reasonable manner atwork and must take some responsibility fortheir own actions

Must cooperate with their employers withregards to health and safety requirements

Must follow all instructions and accept

training where appropriate Employees must take reasonable care for the

safety of themselves and others


16/25

JW 2008 16

The Factories Act 1961

Applies to all premises where 2 or morepeople are employed in manual labour

Includes garages to engineering works Sets out to ensure that minimum standards of

cleanliness, space for people to work,temperature and ventilation, lighting,conveniences, clothing, accommodation andfirst-aid facilities are maintained


17/25

JW 2008 17

Office, Shops and RailwayPremises Act 1963

Was introduced to extend protection forfactories to other buildings

Provisions are similar to those of theFactories Act

Deals with cleanliness, lighting, ventilation etc


18/25

JW 2008 18

Control of SubstancesHazardous to Health

Regulations 1988 Includes 19 regulations and 4 codes of

practice

Protects all employees who work with anysubstance hazardous to their health

Employees must be aware of how they handle,use and control substances

Particularly important for workers in thenuclear fuel, chemical and asbestos industries


19/25

JW 2008 19

The Fire Precautions Act1971

Lists premises for which a fire certificate isrequired

Includes premises being used as a place ofwork Requirements set may include the means of

escape from the building as well as instruction

and training for employees on what to do inthe event of a fire Also details the limit of the number of people

on the premises


20/25

JW 2008 20

Past Paper Questions

2006 (Section 2, Q5(a)(i))

Employment legislation exists to protect workers.

Describe the purpose of the

Health and Safety at Work Act 1974

Race Relations Act 1976

Equal Pay Act 1970

3 marks


21/25

JW 2008 21

Solution2006Health and Safety at Work Act 1974States employers and employees duties with regard to Health andSafety. Employees have a duty to take care of their own health aswell as other employees.

Comment on employer AND employee to gain mark

Race Relations Act 1976Unlawful to discriminate on the grounds of race, colour, religion orethnic origin with regard to recruitment, training, promotion,

conditions of service.

Equal Pay Act 1970All employees should receive the same rate of pay where work ofequal value is undertaken.

Max 1 per act


22/25

JW 2008 22

Past Paper Questions

2005 (Section 2, Q1(c))Describe 3 forms of legislation which wouldaffect the running of an organisation.

6 marks

2003 (Section 2, Q4(b))

Describe how employment legislation and EUdirectives may affect the running of a LeisureClub.

10 marks


23/25

JW 2008 23

Solution2005Health and Safety at Work Act 1974States employees and employers duties with regard to health and safetyEmployers have a duty to take responsible care of their own health andsafety as well as that of their employeesOffice, Shops and Railway Premises Act 1963

States regulations which must be met by employers regarding workingtemperatures, toilet and washing facilities, first aid, space requirements,cleanlinessEqual Pay Act 1970States that all employees should receive the same pay when work of equalvalue is undertakenRace Relations Act 1976Unlawful to discriminate on the grounds of race, colour, religion or ethnicorigin regarding recruitment, training, promotion, conditions of serviceSex Discrimination Act 1975Unlawful to discriminate on the grounds of sex or marital status regardingrecruitment, promotion, training, conditions of serviceVictimisation and sexual harassment are unlawful


24/25

JW 2008 24

Solution continued2005Employment Rights Act 1996States duties and rights of employer and employeeIncludes the right to a written Contract of Employment within 2 months ofstarting workThe right to an itemised pay slip

Rights of employees regarding Sunday workingRights of employees regarding maternity and termination of employmentData Protection Act 1998Data must be obtained fairly and lawfullyThe organisation must register the purpose for which the information is heldThey must keep records for no longer than necessary

The information must be up to date and accurateEmployees have a right to request to see information held about them andhave it changed if incorrectThe information should not be used for any other purpose than that forwhich it was collectedThey must take appropriate security measures to keep the information safe

Correct identification of Act = one mark per Act (date not required)


25/25

JW 2008 25

Solution2003

Must make sure their policies and procedures comply with the following:Sex discrimination/Race Relations ActUnlawful to discriminate on grounds of sex, marital status, colour, raceEmployment Rights ActEmployees entitled to receive a Contract of Employment within 2 months of startingworkThe right of an itemised pay slipRights regarding Sunday working, maternity and termination of employmentHealth and Safety at Work ActDuty of careEmployers must meet minimum regulations concerning temperature, first aid, space,cleanliness, etcTraining should be provided for staff to enable them to carry out the H & S specifiedresponsibilitiesMinimum wageEmployees must receive the minimum wage specifiedMay affect the age of employees selectedPolicies must be kept up to dateAdditional staff may be required - the payroll increasesCosts and time are involved with implementing and checking legislation

Maximum 3 for naming Acts

Documents

HRM-legislation