Lecture 1 - Personal Responsibilities and Working in a Business Environment

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    DanielPanford

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    Unit 1

    Principles of Personal

    Responsibilities andWorking in a Business

    Environment

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    1. Know the employment rightsand responsibilities of the

    employee and employer1.1 Identify the main points of contractsof employment

    1. Identify the main points of legislationa!ecting employers and employees

    1." Identify #here to $nd information onemployment rights and responsibilitiesboth internally and e%ternally

    1.& 'escribe ho# representative bodiescan support the employee

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    1. Know the employment rightsand responsibilities of theemployee and employer

    1.( Identify employer and employeeresponsibilities for e)uality anddiversity in a business environment

    1.* E%plain the bene$ts of making suree)uality and diversity procedures are

    follo#ed in a business environment

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    What is a contract+

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    What is a contract+

    , contractisan agreementbet#eent#o or more people that

    is legally binding.

    It can be verbal or #ritten.

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    What is a ontract of

    Employment+

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    What is a ontract ofEmployment+

    , /contract of employment0 is a legaldocument that sets out the details of aperson0s employment.

    It de$nes the legal relationshipbet#een the employer and theemployee.

    When both parties have signed it it isthen binding2 this means that both theemployer and employee have to obeyits terms.

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    Views on Employment Contracts (1of 2)

    3he association bet#een an employerand employee is a legal relationshipgoverned by the ontract ofEmployment

    Basic terms and conditions are agreedat the start of employment and maybe enforced in court

    3he e%istence of a contract confersobligations on both parties and accessto various right

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    Views on Employment Contracts (2of 2)

    Employment contracts are variedre4ecting the di!erent types ofemployment

    5hift a#ay from traditionalstandard employmentarrangements

    5hift a#ay from employment tomore 4e%ible arrangements e.g.self6employment or agency #orking

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    Contract of employment

    7ver 89 per cent of people #ho#ork in the U: are employees andhave a contract of employment

    /Employer0; legal term to describethe dominant partner in theemployment relationship

    5elf6employed have greaterautonomy but little legalprotection

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    Owed by Employers to Employees

    < , general duty of care

    < , duty to pay agreed #ages

    < , duty to provide #ork

    < , duty not to treat employeesin an arbitrary or vindictive

    manner< , duty to provide support to

    employees

    <

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    Owed by Employees to Employers

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    Owed by Employers to Employeesand Vice Versa

    3o maintain arelationship of

    mutual trust andcon$dence

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    Owed by Employers and E!

    Employees

    'uty of $delity

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    "ormat of a Contract of Employment

    < an be in #ritten or verbalform= better if #ritten

    < omes into e%istence #hen anunambiguous o!er ofemployment is made and is

    unconditionally accepted< ourts look at the evidence of

    the reality of the relationshipbet#een the arties

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    Employment Rights ,pplyingto all Workers

    Access to statutory employment rights

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    Employment Rights ,pplyingto Employees

    Access to statutory employment rights (Continued)

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    ?roup ,ctivity

    ,s an administrator for a familybusiness you have been asked byyour line manager to design acontract of employment for ne#employees.

    In bullet points list the at least 1items that should be in a contents ofthis document

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    Chec#list for $reparing a Contract ofEmployment (1 of 2)

    1.@ame of employer and employee

    .'ate employment began

    ".Aob title

    &.Rate of pay period and methodof payment

    (.@ormal hours of #ork

    *.,rrangements for holidays andholiday pay including means of

    calculating these precisely

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    Chec#list for $reparing a Contract ofEmployment (2 of 2)

    . 3erms and conditions relating to

    sickness inCury and sick pay

    8. Pension terms and conditions

    D. @otice periods from both employee

    and employer

    19.'isciplinary rules and procedures

    11.,rrangements for handling employeegrievances

    1.onditions of employment relating totrade union membership #here

    applicable

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    %erms and conditions within acontract

    %he &or#ing 'ors

    or di!erent groups of employees mayvary. 5ome may #ork shifts and othersmay be e%pected to #ork 4e%ible hours. In

    this case the speci$c starting and $nishinghours may be absent from the contract.

    'olidays

    ,ll employees have the legal right to a

    minimum of four #eeks0 paid holidays ifthey #ork full6time but some employersmay be more generous than this.

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    %erms and conditions within acontract

    ic# $ay 3here is no legal entitlement to sick pay but many

    employers #ill pay their employees for a ma%imumnumber of days at their normal rate of pay. 3henumber of days #ill vary bet#een organisationsho#ever2 once an employee has more than "6( FG

    days o! continuously they must provide theiremployer #ith a 'octors certi$cate in order to claim/statutory sick pay0 #hich each person is entitled toup to 8 #eeks.

    *otice

    3here is a minimum amount of notice that you oryour employer has to provide if the contract isterminated. 5ome employers e%tend this particularlyfor senior sta!. or e%ample a manager might haveto give longer notice than a more Cunior employee.

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    %erms and conditions within acontract

    +ob ,e-irements 3hese #ill vary depending upon the type of Cob

    and #orkplace. If you #ork for an organisation#hich is very busy at a particular time of the yearyour contract may state that you are not allo#ed

    to take holidays at this time e%cept by specialagreement #ith a senior manager. If you deal #ithmembers of the public your contract may statethat you have to observe company dressgidelines or #ear a uniform.

    Disciplinary ,les and rie/ance $rocedres 3he rules and procedures bet#een individual

    #orkplaces #ill vary so must be checkedcarefully.

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    %erms and conditions within a

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    %erms and conditions within acontract Codes of eha/ior and Other Company $olicies

    3hese are likely to be in separate documents such as

    an employee handbook. 3hey relate to rules foremployees and also codes of practice #ithin thecompany.

    or e%ample many organisations have codes of

    behaviour and polices in relation to e-alopportnities3 maternity3 paternity andparental lea/e policies4 policies on brea#s fromwor# and emergency lea/e and welfare policies

    for sta5 (sch as assistance if someone is ill fora long time).

    3he company may also have a promotion policy but#ould never promise promotion in a contract in casethis couldn0t be guaranteed.

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    &here do yo 6nd information onemployment rights 7 responsibilities8

    ost organisations #ill have a JR'epartment #hich holds informationabout every employee #ithin the

    company.3his is the department you #ould speakto about pay holiday sickness personaland personnel details and could help you

    #ith any grievances and disciplinaries.

    3hey are very important to anorganisation.

    3he t#o main e%ternal

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    3he t#o main e%ternalorganisations that can help byo!ering help and advice about

    employment rights are;

    %he 9d/isory3 Conciliation and9rbitration er/ices (9C9) and3

    Citi:ens 9d/ice rea (C9)

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    %he 9d/isory3 Conciliation and 9rbitrationer/ices (9C9) and3

    Citi:ens 9d/ice rea (C9)

    Both organisations are /free to use0 anddo not charge for their services they arealmost the e)uivalent to a trade union

    e%cept they only o!er advice. ,,5 canhelp that step further by giving youadvice and help if you #ere taking youremployer to a court tribunal.

    7Kcers of ,,5 #ill often help parties toreach a settlement before the case comesto tribunal and as a result maCority ofcases get settled or are #ithdra#n

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    What is E)uality and'iversity+

    E)uality6 'e$nition

    3he term is associated #ith the 1D90sand 890s and concentrates onremoving discrimination creating afairer societyand e)uality ofopportunity. Backed by legislation.

    'ictionary 'e$nition L, state of beinge)ualM

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    What is E)uality N 'iversity+

    'iversity = , de$nition

    Recognising and valuing di!erence.

    ,bout creating a culture that recognises3

    respects3 /ales andharnessesdi!erence for the bene$t of all. 'ictionaryLthe presence of a #ide range of variationM

    LIncluding everyoneM.

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    E)uality N 'iversity

    E)uality and 'iversity is the currentterm used for /E)ual 7pportunities0.

    It is the legal obligation to protect

    against discrimination. 'iscrimination can be against a

    person0s se% gender disability se%ualorientation religion belief race or age.

    What do you think the de$nition ofE)uality N 'iversity might be+

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    'e$nitions

    E)uality = /e)ual rights andtreatment to all individuals0

    'iversity = /di!erence from #hat isnormal or e%pected0

    Employer and employee

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    Employer and employeeresponsibilities for e)uality and

    diversity Employer responsibilities for e)uality and diversity

    include;

    acting in accordance #ith the relevant legislationconcerning e)uality and diversity

    actively promoting e)uality and diversity policiesthroughout the organisation

    acting )uickly on any issues #hich relate to e)ualityand diversity to sho# that they take these mattersseriously.

    Employees must also make sure that they follo#the company0s e)uality and diversity procedures.

    Bene$ts of making sure e)uality

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    Bene$ts of making sure e)ualityand diversity procedures are

    follo#ed ollo#ing e)uality and diversity procedures

    ensures that all sta! are treated e)ually andfairly.

    It also ensures that nobody is discriminatedagainst on the basis of their gender agedisability or religion.

    It #ill create a positive #orking environment forall sta!.

    It #ill provide a sense of security for all sta!kno#ing that they #ill be treated fairly by theiremployer.

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    e ma n po nts o

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    . e ma n po nts ocontracts of employment

    #ill include;Aob description5tart date

    Rate and dateof pay

    Jours of #ork

    Jolidayentitlement

    >ocation

    5ick payarrangements

    @otice periods

    Information ondiscipline andgrievance pensionsand pension schemes

    or if not included#here to $nd outabout them

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    1 " Id tif h t $ d i f ti

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    1." Identify #here to $nd information onemployment rights and responsibilities both

    internally and e%ternally

    1." Where to $nd information onemployment rights and responsibilitiesincludes;

    Information from internal sources such as linemanager Juman Resource department

    Information from e%ternal sources suchas #ebsites Fe.g. directgov.co.uk

    hse.gov.ukG or representative bodiesfor e%ample ,,5 itiens ,dviceBureau.

    escr e o#

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    . escr e o#representative bodies can

    support the employee 1.& or e%ample;

    advice and guidance

    con4ict resolution

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    .employee responsibilities for

    e)uality and diversity in a

    business environment 1.( Employer responsibilities may include; ,biding by the relevant areas of

    legislation appropriate to the #orkplace

    including;

    'isability 'iscrimination

    Employment E)uality

    E)uality

    5e% 'iscrimination

    E)ual Pay

    1 ( Identify employer and employee

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    1.( Identify employer and employeeresponsibilities for e)uality and diversity

    in a business environment

    Providing employees access to the relevantinformation

    Investigating any issues that arise in

    relation to e)uality and diversityemployee responsibilities may include;

    < ollo#ing company policies relating to

    e)uality and diversity< 3reating colleagues #ith respect

    < Reporting issues

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