Employment Regulations
Updated 21/1/08
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
-
Sandy Adirondack's (see Legal page) is specifically aimed at the voluntary sector.
-
DTI Employment Matters site referenced in various places below is a key site on current legal developments - note that the whole DTI site was redesigned spring 06, breaking older links. There is a list of Regulatory Guidance available. Go to that page if we haven't given a specific DTI starting point. Note that the TIGER site (Tailored Interactive Guidance on Employment Rights) is supposed to gradually take over - at May 02, National Minimum Wage and Maternity Rights are covered.
- 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 Super Portal. 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
While we would like to think the information below is comprehensive, we don't claim or seek to cover everything. 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 Immigration and Nationality Direcorate, based in Sheffield. 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.
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, or check the DTI NMW pages.
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 Commission for Social Care Inspection for info, or Criminal Records Bureau.
Unions, industrial action
Union recognition and ballots. Part of Employment Relations Act 1999 provisions, in force from 6th June 2000.
DTI has published a guide for employees / trade union members who are considering taking industrial action, entitled 'Industrial Action and the Law'.
DTI 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. The DTI Working Time pages are quite comprehensive.
Improved Part-time work regulations in force from July 2000. See DTI Part-time Work pages .
The DTI calendar of 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.
