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Employment Law Part 2 - Coggle Diagram
Employment Law Part 2
Lesson 5: Key Statutory Rights
Equal pay
Burden of proof / material factor defence if indirect sex discrimination / hypothetical comparison
2021: 15.4% pay gap / part time more
Working time
includes overtime
By WTR 1998 : 48 hours a week, can oprt out / remedy if asked to work more / minimum daily rest= 11 hours / Minimum weekly rest / rests in a day
Must be paid more that National minimum wage
Royal Mencap case
Annual leave and bank holidays
5.6 weeks per year
cannot force to take it / no replacement by money /same rate salary
case of understaffing / shutdown /
If refused : claim with Employment right of 1998
Dismissal for asserting statutory right
Considered as unfair dismissal
Sick pay
Rules
Possible to imply at term that employee is entitled to normal pay
Parental bereavement leave
Condition
Rights
Pregnancy rights
Conditions
Rights : redundancy / Maternity Pay
Father leave/ SPL / adoption
Father leave Conditions
SPL conditions and rights
Time of for dependants
Parental leave ( condition / rights / but employer can postpose)
Flexible working
Employer can refuse
Tactics when it has been refused
Lesson 6 - Whistleblowing
Why ? Benefits of Whistleblowing? :question:
What is WB?
Raising a concern / 6 categories of wrongdoings
Must be for Public Interest
Factor to determine public interest
Grey are
How to identify WB?
Legal requirement?
Grievance to WB
Legal requirements (does not have to be employee, but others are not protected
Protect them
Clause on Voids gagging
PIDA guide
1) What information is disclosed?
2) Who was it raised to (internally before)
3) How was the whistleblower treated?
Victimisation
When is it considered to be victimisation?
When is it not victimisaiotn ?
EU law directives
Obligations on employer
Protection to WB
Let's fix WB law by Protect assoc
Extending to excluded groups / impose legal duties to employer / make easier to obtain remedy
Quizz and case
"Chesterton Global" case
Lesson 6 - Grievance, disciplinary, and dismissal :
What is dismissal ?
Who can claim ordinary unfair dismissal?
What makes dismissal unfair?
ERA 1996 - What is fair to dismiss for that reason?
The band of reasonable responses
Procedural unfairness
Acas disciplinary code
Dismissed after previous warnings
Appealing
Automatic unfair dismissal
GRIEVANCE
ACAS early conciliation
Have a look at the quizz :lock:
Lesson 8) Redundancy, TUPE, Collective and Trade Union rights