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Employment Regulations

Updated 18/1/10

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This page

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



Useful web sites

More indepth/for the professional

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 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, 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 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.