Employment Regulations
Updated 31/5/10
Follow the trail
This page
- Useful web sites.
- More in depth, for the professional.
- Specific regulations, grouped into Unions/action; hours & leave; discrimination; and the rest.
This page has been split off from the main Employing staff page, which covers Terms and Conditions (including work/life balance), trade unions.
NOTE: At Nov 05, this now needs revision to reflect changes over the last couple of years. However, most items below are still relevant.
Elsewhere
- New developments of relevance are likely to appear on our Personnel News pages first - note that we aren't always able to update below that quickly.
- Managing People (whether staff or volunteers) covers areas like team building, job design, learning styles.
- Equal Opportunity issues, although they don't just apply to staffing matters, are under People Management Topic Review.
- Volunteering management page for contacts in that field.
- Health and Safety has own page. There are also some notes on producing a staff handbook or similar, and a Policies checklist.
- See Services- Legal if you need professional advice.
Useful web sites
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Sandy Adirondack's (see Legal page) is specifically aimed at the voluntary sector.
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Department for Business Innovation and Skills (BIS) Employment rights web section (was DTI Employment Matters) site referenced in various places below is a key site on current legal developments. Note that we haven't updated all the links with the changes to BIS (from DTI/BERR etc) and further updates from May 2010 change of government
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For employers, Business Link is increasingly the place to find information, or at least starting points.
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See Direct.gov for information mainly targeted at employees on topics such as National Minimum Wage and Maternity Rights.
- Also see:
- ACAS particularly on disciplinary, employee relations;
- CIPD's Employment Law section (less material open to non-members than there used to be);
- Croners (you need to sign up to get employment law stuff - see Publishers page).
- Equality and Human Rights Commission.
More indepth/for the professional
- For loads of web links check out British
Employment Law Information. This is a service from
DiscLaw Publishing, who work with the Law Society. It also provides
access to the professional Employment Law pages for £5 a day,
which you can sign up for instantly (something like £120 for
a year, which includes CD-ROM too).
- Employment Law free email news service from Daniel
Barnett (barrister). Only for those who really want to keep on top
of legal developments as they happen - a professional approach.
- Employment Appeal Tribunal for law reports.
Specifics
We don't claim or seek to cover everything here. Just the issues most likely to impact on voluntary sector organisations. See Useful web sites (above) for more.
Employers Liability Insurance is a requirement - check out Insurers if you haven't got this covered, and remember to check whether it covers volunteers working for you. We understand that in addition to having to display a valid certificate proving your cover, the organisation must now keep this for 40 years!
Work Permits are administered by part of Home Office's Border Agency. Work permit arrangements allow employers based in Great Britain to employ people who are not nationals of a European Economic Area country and are not otherwise entitled to work in this country. See Business Link section on 'Ensuring your workers are eligible to work in the UK'.
National Minimum Wage regulations are enforced by Inland Revenue. Rates are revised from time to time. If you pay more than reimbursement of expenses to volunteers, watch out! There are also implications on record keeping, especially if you pay less than £12,000 per year (£1,000 per month). The NMW information line is on 0845 8450 360. BIS NMW policy update and index.
Unfair dismissal considerations apply after one year. This means that if you have had someone on temporary contracts for more than a year, you might have a problem if that employment comes to an end (for whatever reason) unless you know your employment law.
Criminal Records We give the basics of this under Volunteers and the law. This mainly impacts on care and children organisations. Check Criminal Records Bureau.
Unions, industrial action
Union recognition and ballots. Part of Employment Relations Act 1999 provisions, in force from June 2000.
BIS has published a guide for employees / trade union members who are considering taking industrial action, in pdf format 'Industrial Action and the Law'.
BIS Trade Union and Collective Rights section.
Leave, working hours, work-life balance
Parental Leave - Maternity and Paternity leave. Improvements in entitlements from April 03. There are also rights for time off for emergencies involving dependants (but no obligation for this to be paid). DTI pages.
Working Time Regulations came into force October 1998. 48 hours averaged over 17 weeks is the maximum unless the employee has agreed in writing, or there is a union agreement. There are various other rights and some types of workers with other get outs. BIS Working Time pages.
The BIS information on public holidays (England, Wales and NI).
Discrimination
Form October 2007, the Equality and Human Rights Commission takes over the job of separate official anti-discrimination bodies.
Disability Discrimination Act See the disability related sites on People Resources page, or try Business Link site. Employers with 15 or more employees may not discriminate against current or prospective employees with disabilities. Small employer exemption ended Oct 04.
Religious and sexual orientation discrimination regulations from December 2003. See ACAS guidance.
Race discrimination Under amendments brought in July 03, an exemption from the 1976 Race Relations Act that had allowed charities serving particular racial groups to recruit staff from a particular racial group has been partially repealed. 'Genuine occupational requirements' can still be used when recruiting staff, where the nature of the employment requires someone of a particular race, ethnic or national origin.
